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report of the 

Commissioner 
OF Records 

KINGS COUNTY 



1910 



M. B. DROWN PRINTING & BINDING CO.. 
49-57 Park Place. New York. 






613-11-1,000 



TABLE OF CONTENTS. 



PAGE. 

List of Jllustrations 5 

Introductory T 

Care and Preservation of Records U 

Commissioners of Records, 1S5G 10 

Ford's System of Indexes 11 

Records of Coimty Clerk's Office — Copying 12 

Commissioners of Records, ISOG, duty 1-T 

Commissioners of Records, 1899, duty 11 

Commissioners of Records, 1904, duty It 

Work accomplislied — Office of County Clerk 1-5 

Work accomplished — Office of Surrogate 21 

Work accomplished — Office of Register 22 

Work accomplished — Filed Maps 28 

Town Records — 

Laws of 1901 34 

Catalogue of Town Records — 

Town of Flatbush 35 

Town of Flatlands 35 

Town of Gravesend 36 

Town of New Utrecht 36 

Value of Town Records 37 

Collection of Town Records 38 

Contents of Town Records -^3 

Missing Town Records 44 

Copying Town Records 44 

Translations 49 

Collating, Indexing and Arranging Papers 53 

Silk Process 53 

Re-indexing — 

Early ^Methods of Recording 59 

Recording in County Offices 61 

Recording Act of 1822 63 

Indexes Required, 1826 64 

Indexes Required by Act of 1894 66 

Duty of Commissioner of Records as to Re-indexing 66 

Method Pursued in Re-indexing 67 

Patent and Farm Maps 68 

Dutch ^Measurements Jl 

List of Historical Works "^ 1 

Genealogical \\'ork '''5 

Unrecorded Deeds '^■' 

Old and New Style of Dating 79 

Commissioners' Sheets °3 

Common Lands 

Old Roads 91 

Franchises ^^ 

Releases of Mortgages ^2 



TABLE OF CONTENTS— (Continued). 

Re-indexing — page. 

Leases 93 

Miscellaneous Conveyances 93 

Inde.xing Schedule 94 

Mortgages 94 

Laws of 1904 as relates to -Mortgages 9G 

County Clerks' Records 97 

Notices of Pendency of Actions 97 

Sheriffs' Certificates of Sales 98 

Foreclosure by Advertisement . 98 

Laws of 1904 as relates to County Clerk's Records 98 

Permanent Re-indexing Plant 99 

.Mew Land Map 100 

APPENDIX. 

A. List of Commissioners of Records from 1856 to date 102 

B. Catalogue of Books under the supervision of this ofifice 102 

C. Schedule of Papers under the supervision of this office 112 

D. Chapter 365, Laws of 1894 115 

E. Chapter 755, Laws of 1896 124 

F. Chapter 526, Laws of 1897 125 

G. Chapter 59] . Laws of 1899 127 

H. Chapter 171, Laws of 1904 128 



LIST OF ILLUSTRATIONS. 



PAGE. 

Liber 2 of Court and Road Records before copying 18 

Liber 2 of Court and Road Records as copied 19 

Liber 3 of Conveyances, page 231, before copying 34 

Liber 3 of Conveyances, page 231, as copied 25 

Map, 1000, before copying 30 

Map, 1000, copied and restored 31 

Liber 5 of Gravesend Records 40 

Liber 5 of Gravesend Records restored 41 

Early English Records — Gravesend Records, Liber 3, pages 42 and 43. . . . 46 

Copy of Early English Record — Gravesend Records, Liber 3, page 42 ... . 47 
Copy and Translation of Early Dutch Record — Minutes of Town Meetings, 

Flatbush, page 108 51 

Record before covering with silk — Flatbush Records — Liber A, pages 

5 and 6 56 

Silk Covered Record — Gravesend Records — Liber 5, pages 102 and 103. . . 57 

Map Showing Patent Lines 70 

Original Patent to Town of Flatbush 73 

Unrecorded Deed — Ryerson to Martensen 78 

Commissioners' Sheet — Filed Map Plan 82 

Commissioners' Sheet — Farm Plan 85 

Commissioners' Sheet — Working Plan 87 

Map showing part of the Common Lands of the Town of New Utrecht. . . 90 



INTRODUCTORY. 



So little is generally known of the duties, purposes and work of the ofike 
of Commissioner of Records of Kings County, that it has been deemed proper 
to present to the people of this county and to the members of the bar, a report 
showing what has, and is being accomplished in this office, in order that those 
interested in the real estate and other records of the county may benefit by the 
work already accomplished. 

The general impression seems to be that the office of Commissioner of Rec- 
ords is of recent creation. Such, however, is not the fact. As shown in the 
following pages, the office was created by Chapter 190 of the Laws of 1856. 
Prior to JMay 25. 1890. it was a Commission composed of three members. Since 
the enactment of Chapter 591 of the Laws of 1899 it has been a single-headed 
Commission. 

Appendix " A " is a list of the various members of this Commission. 

Other states, counties and cities have recognized the advantages of having 
Commissioners of Records. 

In the County of New York, Commissioners of Records were appointed in 
1855 with full power to examine into the condition of the records, documents, 
maps and indices in the office of the Clerk, Register and Surrogate, and to have 
the same copied and printed in such form and to such extent as they deemed 
proper, and to do such further acts for the preservation and convenient exami- 
nation of the same as the public interests might require. 

The present Commissioner of Records in New York County was appointed 
under Chapter 661 of the Laws of 1906. 

In the City of Boston Record Commissioners were appointed in 1875 who 
had charge of the expenditure of all money expressly appropriated for copying 
anv documents or records supplemental to the town or city records. 

There was also a State Commissioner of Public Records in Massachusetts, 
who was originally appointed under Chapter 65 of the Laws of 1884. This act 
has been amended from time to time. One of these amendments. Chapter 67 
of the Laws of 1898, provides that the Commissioner shall take the necessary 
measures to put the records of the counties, cities, towns, churches, parishes or 
religious societies in the custody and condition required by law and to secure 
their preservation. 

In Connecticut, an Examiner of Public Records was appointed in 188C, 
under Chapter 99 of the laws of that year. This law was re-enacted from 
time to time with various minor changes. In 1907 fChap. 1.31) a bill was passed 
which provided for the appointment of a Temporary Examiner of Public Rec- 
ords who " shall cause such action to be taken by the person having the care 
and custody of public records as may be necessary to put said public records 
in the custody and condition required by the laws of the State relating to such 
records and to secure their safety and preservation." 

In the City of Providence, R. I., Record Commissioners were appointed in 
1891 for the purpose of collecting and printing the early records of the Town of 
Providence. 

There was also a Rhode Island State Record Commissioner " whose duty 
it shall be to prepare * * * a detailed report of the number, kind and con- 
dition of the various public records in the custody and under the control of 



8 

state, city and town officers * * * and such parish or churcli records as 
may be obtainable relating to extinct or active church organizations in said 
state, and as far as possible of the records and places of deposit in other states, 
relating to the several cities and towns in the State of Rhode Island." 

In the State of New Jersey it was enacted by Chapter 105 of the Laws of 
1897: "The Governor shall appoint three persons as a Commission on the pub- 
lic records of this state, who shall inquire into the nature and condition of the 
public records of this state, and of the several counties, townships, cities and other 
municipalities in the state; how, where, and in whose custody or p>ossession such 
records are kept; what provision, if any, is made for the safe and permanent 
preservation thereof, and what measures, in the judgment of such Commission, 
should be taken to secure the safe and permanent preservation of such public 
records, where they can be convenient of access to the public, if there is no 
such provision at present; and such Commission shall rejxjrt to the Governor 
from lime to time the result of their inquiries, with such recommendations as to 
them shall seem advisable. 

" It shall be the duty of all public officers in this state to afford all reasonable 
facilities to said Commission for acquiring a full knowledge as to the nature and 
condition of the public records, how, where, and in whose custody the same are 
kept, and what provision, if any, is made for the safe and permanent preserva- 
tion thereof, and the facilities afforded for their convenient inspection by the 
public." 

The foregoing are but a few of the laws tending to the care and preservation 
of records. Many special acts were passed in the various states at different times 
relating to this subject. In fact most of the states in the Union seem to have 
realized the value of their old records and the necessity for their preservation 

The duties of the Commissioner of Records in Kings Countv are three- 
fold: 

First — The general supervision of the records in the offices of the Surro- 
gate, County Clerk and Register, and the right to authorize the making and 
certifying of copies of such records by the Surrogate, County Clerk and Regis- 
ter, as may be necessary by reason of age. use or otherwise, and the fixing of 
the compensation for making such copies, and doing, or causing to be done, such 
further acts for the preservation and convenient examination of the records as 
the public interests may require. 

Second — -The care, collation, translation and indexing of the records of 
the former towns of Kings County, and the making of copies of such records 
as may be necessary to be filed in the different city and county offices. The in- 
dexing on the block system of such of the town records as relate to real estate. 

Third — The reindexing on the block system of all conveyances, mortgages 
and other instruments relating to real estate filed or recorded prior to January 
1, 1S95. 

An endeavor has been made in the following pages to outline the work of 
this office. 

Borough of Brooklyn, N. Y., Mav 26, 1910. 



D. H. R.sLSTOX, 

Deputy Commissioner. 



Lewis M. Sw.asey, 
Commissioner of Records, Kings County. 



CARE AND PRESERVATION OF RECORDS. 

The necessity for safeguarding records was the subject of legishition as early 
as 1788, Chapter 22 of the Laws of which year enacted: 

" That if any record or parcel of the same, writ return, pannel, process or 
other proceeding in the court of chancery, Supreme Court Exchequer or any 
other Court of record, or in the office of the Secretary of this State or in the 
office of the Clerk of any City or County of this State hath been or hereafter 
shall be stolen, or willingly taken away, withdrawn or avoided, by any clerk or 
by any other person, by reason whereof any Judgment shall be reversed, then 
every such stealer, taker away, withdrawer or avoider, their procurers, coun- 
sellors and abbcttors being convicted or attained thereof according to the due 
course of law shall be adjudged guilty of a felony." * * * 

That the county records should be kept in fireproof buildings was recognized 
in the early part of the last century. Chapter 81 of the Laws of 1828 enacted: 

" Sec. 1. The board of Supervisors of the County of Kings are hereby 
authorized at any of their annual meetings to raise a sum not exceeding $4,000 
by a tax on the said County. * * * Which money shall * * * be ex- 
pended by order or under the direction of the board of supervisors or such per- 
son or persons as they shall appoint for the purchasing a suitable site in the town 
of Brookl}n in the said County and the erecting a fire proof building thereon 
for an office for the Clerk of the said county, of such size and dimensions as to 
them shall seem proper. And when such building shall be completed, the records 
and papers belonging to the office of the clerk of said County shall thereafter 
be kept in said office, under the care and direction of the Clerk of said County 
and his successor in office." 

The records were further safeguarded by Chapter 129 of 18.38 by which 
it was enacted : 

■" No record of conveyance of real estate or other record, whereof a tran- 
script duly certified may by law be read in evidence, shall be removed by virtue 
of any subpoena duces tecum from the proper office in which such record shall 
be kept, and no such record shall at any time be removed from such office, ex- 
cept when temporarily removed by the clerk having such record in custody to 
the Courts of which he is clerk, and to the Courts held in the City or Village 
where the office of sucli clerk is situated, unless by order of some Court of record 
made in open Court and entered in the minutes thereof, which order shall specify 
that the production of such record instead of such transcript is necessary." 

Chapter 8:^ of the Laws of 18.52 provided for the election of a Register of 
Deeds in and for the Countv of Kings. This act provided that " all that part 
of the duty of the County Clerk of the County of Kings, which in the Citv of 
New York is required by law to be done and performed by the register of deeds 
in said City and Count)-', shall be done and performed by such register of deeds 
m Jiud for the Countv of Kings." 

Chapter 27 of the Laws of 1812 provided " that all that part of the duty of 
the Clerk of the Citv and County of New York which appertains and relates to 
the registering of Mortgages and to the recording of deeds, conveyances and 
other writings which bv law arc directed or hereafter may be directed, to be 
registered or recorded ' shall * * * be vested in and held, exercised and 
enjoyed bv a person to be * * * called the register in and for the City and 
County of New York: and that such register * * * shall have and enjoy 
all the' rights and powers and perform all the duties of the Clerk of the City and 
County of New York in relation to the recording and registering of deeds, con- 
vevances, mortgages and other writings." 



10 

L'nder a system where the recording officer received fees as his compensa- 
tion, out of whicli he was compelled to pay for all clerk hire, copyists were gen- 
erally employed because of personal or irolitical friendship ratljer than because 
of their merit and ability. The books used in these early times were made of 
common, coarse paper; the ink used in the transcripts being composed of such 
acid material that the acids have eaten large holes in the records. Only by read- 
ing the context left and trying to establish land marks can any idea be formed 
of what had originally been written. 

When it is taken into consideration that upon the proper keeping and pre- 
servation of these books depends the title of every foot of land in Kings County 
the importance of reliability and exactitude can be appreciated. 

As long ago as 1856 it became evident that the county records in the various 
oftices were in a bad state, mutilated and worn out, many of the books being 
almost undecipherable. Appreciation of the existing conditions and the necessity 
of proper supervision of the county records resulted in the creation of the office 
of the Commissioner of Records. 

Cihapter 190 of the Laws of 1856 provided as follows: "An Act for the 
appointment of Commissioners of Records for the County of Kings. 

Passed April 17, 1836, three-fifths being present. 

The People of the State of New York, Represented in Senate and Assembly, 
Dm Enact as Follows: 

Section 1. Henry A. Moore, John P. Kolfe and Jared Sparks of Brooklyn, 
* * * are hereby appointed Commissioners of Records for the County of 
Kings, with full power to examine into the condition of the records, documents, 
maps and indices in the offices of the Clerk, Register and Surrogate of said 
County, and to have the same copied and printed in such fomi and to such an 
extent as they may deem proper ; and to do such further acts for the preserva- 
tion and convenient examination of the same as the public interest may require, 
but said county shall not be liable to any expenses incurred in the pursuance of 
the provisions of this Act unless the consent of the P)oard of Supervisors of said 
county has first been obtained therefor, and when the indices of such records have 
been printed, the said Commissioners shall fix and determine the price at which 
the same may be sold by the County Treasurer of said County, and the proceeds 
of such sales shall be credited to the said County. 

In case of a vacancy in said Board of Commissioners, such vacancy shall 
be filled by the Board of Supervisors of said County. 

Section 2. The said Commissioners shall receive no compensation for their 
services. The necessary expenses incurred by them shall be paid by the County 
Treasurer upon the Certificate of said Commissioners ; and the Supervisors of 
said County are hereby authorized to raise by tax, the amount recjuired to de- 
fray the same. 

Section 3. This Act shall take efifect immediately." 

From time to time after the passage of this act various sums were raised 
by tax for the objects set forth in said bill, no part of which was devoted to the 
purpose for which it was imposed. 

On the 2d of June, 1869, the Commissioners of Records reported to the 
Board of Supervisors (Minutes 1869, page 1T9) that "they find that the 
interests of the public clearly require in consequence of the great and rapid ex- 
tension of the records, that immediate steps should be taken to facilitate their 
examination in the office of the Register of the County. After careful consid- 
eration of the subject, they have arrived at the conclusion that the proper course 
will be to have the indices of Deeds and Mortgages arranged in what may be 
termed name order (the same as commonly used in City Directories)." * * * 

At this time records were indexed against the names of the parties to the 
different instruments. That is. each name was indexed under its proper initial; 



11 

the 1j s all in one scries of index books, the C's in another, and so on. Xo effort 
was made to vowtlize or classify the names. In makinj,' a search against a 
specific name it was necessary to go thruiigli all the hundreds or thousands of 
names indexed under the same letter. 

While the Board of Supervisors took no action on the communication of 
1869, it would seem that even at this early date the Commissioners of Records 
were alive to the necessity of improving the records and indexes so as to facili- 
tate their use. 

On the SOth of April, 1813, the Board of Supervisors were petitioned to 
take such action as should be necessary "' to secure the system of indexing rec- 
ords in Kings County known as ' Ford's Improved Index.'" (Supervisors' Min- 
utes 1873, page 255.) 

Nothing was done in this matter imtil ^larch 8, 18TG, when the following 
resolution was ado])ted: 

" Resolved, That the Commissioners of Records * * * be and tliey are 
hereby requested to examine into the method of indexing proposed by William 
C. Ford and into the method of indexing proposed by any other person which 
may be brought to their notice, and to report to this Board their views thereon, 
and the cost and expense of bringing the same into use in this County." (Super- 
visors' Minutes 1810, page 2"28. ) 

April 5, 1876, the Commissioners of Records reported that they had con- 
cluded to adopt Ford's System of Indexing. They also adopted certain changes 
in the manner of indexing papers. As an illustration : When the property of de- 
ceased persons was conveyed by executors or others, to enter the name of de- 
ceased as the grantor instead of those of the executors or parties making the 
conveyance. 

March 7, 1817 (Supervisors' Minutes 1877, page '255). the following resolu- 
tion was adopted: "Resolved, That the consent of this Board is hereby given 
to and the Commissioners of Records of Kings County are hereby authorized 
forthwith to take such procedings as shall be proper for the purchase and intro- 
duction of ' Ford's System of Indices ' in the office of the Register of this 
County the satne to be commenced and carried forward from January 1, 1877." 

.At various times reports were made that the indices and books were in such 
condition that unless soon recopied many valuable records therein contained 
would be lost or destroved. (See Supervisors' Minutes 1883, page SOG ; 1884, 
page 345; 1886, page -247; 1886, page 459; 1887. page 7'26.) Upon several 
occasions appropriations were made to recopy libers and indices in the Register's 
office, but in no instance was the money used for that purpose, but was trans- 
ferred to and used in the pavment of other claims against the County. (Super- 
visors' :\Iinutes 1887, page 1372.) 

In the year 1887, the Commissioners of Records condemned fifty (50) 
libers and succeeded in obtaining an appropriation which enabled them to cause 
copies to be made of twenty (20) libers, but the remaining thirty (30) libers 
remained uncopied. (Supervisors' IMinutes 1888, page 506.) 

January 23, 1890 (.Supervisors' Minutes 1890, page 57), the Commissioners 
of Records reported that in the Register's office at least one hundred (100) libers 
of conveyances should have immediate attention. That about one hundred and 
fifty (150) maps required recopying. " The records of the County Clerk's office 
are in such condition that they require expert, intelligent and efficient supervision 
to determine what is the most economical and best plan or course to pursue to 
put them in proper shape for the use of the public ; a complete and thorough 
overhauling, comparing from the originals, and in some cases recopying are 
absolute necessities." 

The Supervisors while agreeing that the work projjosed in the above report 
should be done, claimed that it should be performed by the county officers hav- 



13 

ing the custody of the records, and failed to recognize tlic rights of the Com- 
missioners of Records to supervise the work. 

In the office of the Clerk of the County of Kings conditions j-ere somewhat 
different. The following law relating to this office was passed and a great deal 
of work was performed under this act : 

Laws of 18?0, Chapter 535, Page 1290. 

" Whenever any of the dockets of judgments or other liens, or any other 
books of record or indices in the office of the County Clerk of Kings County, 
shall become mutilated or injured so that they cannot be conveniently examined, 
and the Board of Supervisors of said county shall authorize them to be copied, 
such copies shall be made by the County Clerk of said county, and when so 
made and certified by him to be copies of the originals, shall have the validity of, 
and be deemed for all purposes to be, such originals. 

The County Clerk is hereby directed to certify any copies of Judgment 
Dockets, or other liens, or any other indices or books of record heretofore made 
by him, to be correct copies of the originals, and such copies shall thereupon 
have the validity of, and shall for all purposes be treated as, such originals. 

Under this act, the Commissioners of Records had no supervision of the 
copying of records in this office and although a great many books and records 
were copied and vast sums of money expended, the records were without doubt 
in a much worse condition than before this work was performed. The condi- 
tion of these records is best set forth in the following communication from 
Justice William J. Gaynor: 

" Brooklyn, May 29, 1895. 

To the Honorable the Board of Supervisors of Kings County. 

Gentlemen' — My attention having been repeatedly called by the County 
Clerk and others to the condition of the books of Indexes of Judgments, Lis 
Pendens and Mechanics' Liens, of which a schedule is hereto annexed, it became 
my official duty to examine the same imder Section 25 of the County Law. 

I find the said books so inaccurate as to be untrustworthy and title searchers 
refuse to trust them. 

An examination of them (develops 28,000 errors, 18,000 of which are grave 
omissions in names and the like. 

The handwriting is inferior and obscure and often difficult to decipher. In- 
deed much of it is by persons who cannot be said to know how to write or spell. 
They were employed not to do the work correctly, but to get the money out of 
the public treasury. 

These records are a discredit and a reproach. 

Tliey have been compared and corrected but they cannot be made decent 
or trustworthy, 

The law requires me to certify their condition. 

I certify that for the security and safety of the public records it is neces- 
sary that they be copied. 

I do it, however, only upon condition that your Honorable Body permit me 
to examine and certify the correctness and character of the work before it is 
paid for. In view of the fact that the disgraceful work in former copying of 
these records were passed and paid for. I do not deem this condition as un- 
reasonable. 

I also make it a condition that the vacancy in the Commission of Records be 
filled bv your Honorable Body, under Chapter 190, Laws 1856, bv a competent 
man whose name and character will be an absolute guaranty that the records 



13 

of the county will receive proper supervision. I will suggest a name if you 
desire it. 

1 feel sure that these conditions will be welcome to your Honorable Body, 
for it must be difficult for your members to follow and scrutinize the doing 
of such work. 

I am also informed that no new appro])riation will be needed for this work, 
which will cost about $10,000. but that it can be paid for out of the appropriation 
under your resolution of 3/25/95 by retrenching in other particulars. 

W. J. Gaynor, 

Justice of the Supreme Court." 

Schedule attached shows — -Judgments, 26 books; Lis Pendens, 26 books, and 
Mechanics' Liens, 26 books. 

(Supervisors' Minutes 1895, page 701.) 

Section 26 of the County Law to which Justice Gaynor referred is Chapter 
686 of the Laws of 1892, relating to the powers and duties of the Board of 
Supervisors and enacts as follows: 

" Section 26 — County Records. 

Such boards shall have general charge of the books and records of the county, 
subject to the legal rights of the officers using or having custody of the same, 
and shall provide for their safe keeping. 

They may authorize County Officers having the official custody or control 
of any such books and records, or of maps and papers, to cause copies thereof to 
be made and certified for the public use; and it shall be their duty to cause the 
same to be made and certified whenever by reason of age or exposure, or any 
casualty, the same shall be necessary. 

Any officers making such transcripts or copies shall be paid such sum there- 
for as may be just, but such payment shall not exceed a sum to be certified by the 
County Judge or a Justice of the Supreme Court of the Judicial District, as rea- 
sonable therefor. 

Such Board of Supervisors shall not accept and pay for any such services, 
until the work shall be examined and approved as to its manner and form of 
execution, by such Judge or Justice ; nor shall any Board of Supervisors order 
any such work to be done until such Judge or Justice, after an examination 
shall certify that such work is necessary for the security and safety of the 
public records." 

Recognizing the fact that the Act of 1856 did not give the Commissioners 
sufficient power, the following act was passed: 

Chaffer 755 of the Laics of 1896. 

" Sec. 1. The term of office for the present Commissioners of Records 
* * * shall expire on the first dav of June Eighteen hundred and ninety-six. 

Sec. 3. * * *. 

Sec. 3. It shall be the duty of such Commissioners of Records to examine 
into the condition of the books, records, documents, maps and indices of the 
Clerk, Register and Surrogate of said county, and they shall have sole and ex- 
clusive power to authorize said Clerk, Register or Surrogate to cause copies of 
said books, records, documents, maps and indices to be made and certified for 
public use, and it shall be their duty to cause the same to be made and certified 
whenever bv reason of age, use, exposure or any casualty the same shall in their 
judgment be necessary, and they shall be authorized to do such further acts for 
the preservation and convenient examination of the same as the public interests 
may require. Any of the officers hereinbefore mentioned making such transcripts 
or copies, pursuant to an order of the said Commissioners of Records, shall 



14: 

be paid such sum therefor as may be just, but such payment shall not be made 
unless the work has been first ordered to be done by the said Commissioners, and 
after the same shall have been completed, until the work shall ;*€ examined by 
them and approved as to its manner and form of execution, and such payment 
shall not exceed a sum to be certified by said Commissioners. * * *'' 

This act was amended by Chapter 5"2G of the Laws of 1897. 

Chapter 591 of the Laws of 1899 provided for the appointment of a single- 
headed commission, and enacted: * * * •■ jt shall be the duty of the Coinr 
missioner of Records to examine into the condition of the books, records, docu- 
ments, maps and indices in the ofifices of the Clerk, Register and Surrogate of 
the said county * * * and from and after his entry into ofSce, he shall have 
general supervision, care, custody and control of all maps, books, indexes, papers, 
records and instruments kept, filed or recorded, or hereafter to be kept, filed or 
recorded in said offices * * * and shall have sole and exclusive power to 
authorize said Clerk. Register or Surrogate to cause copies of said books, records, 
documents, maps and indices to be made and certified for public use ; and it 
shall be his duty to do or cause the same to be done whenever by reason of age, 
use or exposure, or any casualty, the same shall in his judgment be necessary; 
and he shall be authorized to do such further acts for the preservation and 
convenient examination of the same as the public interests may require * * *. 
Any of the officers hereinbefore mentioned making such transcript or copies, 
pursuant to an order of the said Commissioner of Records, shall be paid such 
sum therefor as said Commissioner shall certify to be just, but such payment 
shall not be made unless the work has first been ordered to be done by said 
Commissioner, and after the same shall have been completed and examined by 
him and approved as to its manner and form of execution, and such payments 
shall not exceed the sum to be certified by said Commissioner * * * ". 

As to the care of the County Records, the Office is at present working under 
Chapter 171 of the Laws of 1904, by which it was enacted: 

Sec. 4. " It shall be the duty of the Commissioner of Records to ex- 
amine into the condition of the books, records, documents, maps and indexes in 
the offices of the Clerk. Register and Surrogate of the County of Kings. * * * 
and from and after his entn,- into office, he shall have general supervision of all 
maps, books, indexes, papers, records and instruments kept, filed or recorded, 
or hereafter to be kept, filed or recorded in the ofifices of the Clerk, Register and 
Surrogate of the County of Kings, * * * And the said Commissioner shall 
have sole and exclusive power to authorize the Surrogate, Register or County 
Clerk of the County of Kings, as the case may be. to cause to be made and cer- 
tified for public use copies of said books, records, documents, maps, plans and 
indexes in the offices of the said Surrogate, Register and County Clerk of the 
County of Kings, respectively ; and it shall be his duty to do so whenever, by 
reason of age. use or exposure, or any casualty, the same shall, in his judgment, 
be necessary. And the said Commissioner is hereby empowered to authorize 
the Surrogate. Register and County Clerk of Kings County to rearrange or 
cause to be rearranged, all the records, filings, papers and maps in their re- 
spective ofifices and, upon completion of the alterations to the Hall of Records, in 
said county, to cause the same to be placed in fireproof files, properly marked 
and endorsed. And said Commissioner is hereby empowered to do. or to 
authorize to be done by said Surrogate, Register and County Clerk, or any of 
them, such further acts and things for the care, preservation and convenient 
examination of the said records, documents and papers as he deems the public 
interests may re<:|uire. 

Sec. 5. The copyists of old or mutilated records, making copies thereof 
for public use in the offices of the Surrogate. Register and County Clerk of the 
Countv of Kings, respectively, and any other person or persons performing any 



13 

work, labor or service in or about the care and preservation of any of said 
public records, documents and papers, pursuant to an order of tbe said Com- 
missioner of Records, shall be paid such sum therefor as said Commissioner shall 
certify to be just, but such payment shall not be made unless such copies or work 
shall have been first ordered to be made or done, as the case may be, by said 
Commissioner, and after the same shall have been completed and examined by 
him, and approved as to the manner and form of execution." 

Appendix " B " shows a catalogue of the books and ma] is in the various 
offices under the supervision of this office. 

Appendix '' C "' shows a schedule of the number of files of papers in the 
various offices under the supervision of this office. 

The following is a brief outline of what has been accomplished in the preser- 
vation of the Countv Records. 

OFFICE OF COUNTY CLERK. 

Arranged in chronological order of dates and placed in files 256,000 Chattel 
Mortgages and transferred same to the Register's Office. 

Transferred during the alteration of the building, 11,900 files, containing 
4,760,000 papers, and 5,900 books of record ; also made general inventory of 
same, consisting of 5 books and 517 pages. 

Transferred from the County Court to the County Clerk's Office, 520 files 
containing about 211,600 papers of various kinds of the Court of General Ses- 
sions, from the year 1870 to 1895. 

Collated, codified, rearranged, and bound into 1,475 books, 585,200 Records 
of Convictions. An index of same is now being prepared. 

Examined the Minutes of the City Court which were not properly written 
up or indexed, and caused same to be written up in full and properly indexed 
between the years 18-19 and 1863, inclusive. This work consists of 7 \'olumes 
of Minutes, containing 3,507 pages, and 10 Volumes of Indexes containing 
45,700 names of parties in suits, representing 247,200 papers. 

Searched, collated and codified all Divorce and Separation Proceedings from 
Clerk's Alinutes, Clerk's Minutes Special Proceedings, City Court Minutes and 
Money Judgments from 1847 to and including 1906, from 332 volumes, repre- 
senting 130,271 pages of records. An index consisting of 4 volumes, 886 pages, 
containing 14,000 names of parties to Divorce Proceedings w'as prepared. 

Collated, codified and indexed 1,216 Street Opening Proceedings, beginning 
with the year 1789 and ending with the year 1905. from Clerk's ]\Iinutes, Clerk's 
Minutes Special Proceedings and all records in Equity Department. 

Abstracted and indexed 866 laws relating to the opening, closing, widening 
and extending of streets, avenues and roads in the County of Kings. In this 
connection all Session Laws were examined for the years 1789 to 1903. 

Examined, collated and codified all papers in the County Clerk's Office re- 
lating to Declarations of Intentions and Naturalizations, which had not been in- 
dexed, and caused 103,735 papers to be bound in 133 volumes and properl\- 
indexed to December 31, 1895, in 29 volumes, for convenient examination. 

These papers were in very bad condition, many of them being mutilated. 
As far as possible the missing parts have been found and the papers repaired. 
About 6,000 Declarations of Intentions were discovered among " Stenographers' 
Minutes " and in files marked " Verdicts," " Consents," " Notices of Trial." 
" Exhibits and Briefs," " Commissioner of Jurors' Returns," etc., etc. In con- 
nection with these papers a thorough study was made of all laws relating to the 
subject of Naturalization. 

Collated, codified, arranged and bound 1,010,800 papers in 2,525 loose leaf 
binders. 




oC, 



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4 r'lr"' 



V- 




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21 

It became necessary to acquire a thorough knowledge of all the Courts of 
the County, when they were estabHshed. their powers and jurisdiction, in order 
to nitelligently handle the records of this office. 

There have been rebound and repaired since January 1, IDOO, a total of 
l,Oir volumes of Records of the County Clerk's Office. 

The following summary shows the various records which have been copied 
or compiled in the County Clerk's Office since May 26, 1899: 

SVMUAUY. 



Class of Work. Libers. Pages. 



Lexicographical Index, Judgment and Decree Dockets 260 78,696 

Notices of Pendency of Actions 191 95 332 

Ii'dex to Notices of Pendency of Actions .'. 27 l'206 

Clerks* Minutes 52 25946 

Index to Clerks' Minutes 34 12^986 

Clerks' Minutes, Special Proceedings C, 3J01 

Oerks' Records, City Court s 7 3.507 

Index to <"lerks* Records, City Court 10 3 974 

Index to Declarations of IntentiJms 18 aUsS 

Index to Naturalizations 11 3.556 

Election Returns 36 13*000 

Index to Mechanics' Liens 10 1 ,964 

Index to Bonds and Undertakings fi 2.488 

Corporations 5 2241 

Index tj Corporations 1 '326 

Court and Road Records 2 892 

Index to Divorce and Separation Proceedings 4 886 

Index to General Inventory 5 517 

Index to Records of Convictions 3 1,4J0 

Index to Street Openings, etc 1 72 

Index rto Session Laws relative to Street Openings, etc I 60 

Irdex to Oflficial Bonds 1 132 

Index to Maps 1 79 

Index to Special Proceedings 1 504 

Adoptions ] 238 

Religious Conporations 1 41 (> 

Index to Sheriff's -Certificates of Sale 1 46U 

Index to Building and Loan Contracts 1 260 

Index to General Assign.ments 1 206 

Index to Insolvent Assignments 1 28 

Index to Foreclosures by Advertisement 1 42 

Index to Orders Anpomting Receivers 1 138 

Index to Collectors' Bonds 1 62 

Index to Mortgages to Loan Commissioners 1 309 

Total 703 266,522 



The illustration on page 18 s-hows the condition of one of the books before 
the same was copied and restored under the supervision of the Commissioner of 
Records, while the opposite illustration on page 19 shows a certified copy of the 
same book with the mutilated portions supplied. 

OFFICE OF THE SURROGATE. 

In the office of the Surrogate the antiquated alphabetical system of indexing 
is now being changed to the more up-to-date lexicographical system. The in- 
formation contained in two books, under the former system, is now being copied 
into one. for example, Letters of Administration are contained in one book and 
Bonds of Administration in another. The said books are now being consolidated 
into one, so that Letters and Bonds both appear on the same page and are only 
indexed once. This is convenient for examination and will facilitate searching. 

The eight volumes of indexes now prepared in the Surrogate's Office neces- 
sitated the abstracting and arranging of 12,457 names on 1.557 sheets which 
were later indexed in said eight volumes consisting of 3,024 pages. 



23 

The following summary shows the finished work in the office of the Sur- 
roga"te : 

Summary. 

Class of Work. Libers. Pages. 



1 


184 


2 


940 




250 




530 




440 




260 




420 




3,371 




1,630 




1,572 




784 



Index to Probate of Wills 

Index to Letters of Guardianship 

Index to Letters of Administration 

Index to Miscellaneovis Papers 

Index to Final Accountings 

Index to Guardians' Accounts 

Index tc Record of Inventories 

Wills 

Lexicographical Index to Probate of Wills and Letters Testamentary 

Lexicographical Index to Letters and Bonds of Administration 

Lexicographical Index to Miscellaneous Papers 

Total 15 10.381 



OFFICE OF THE REGISTER. 

In the Register's Office the records which go back to a much earlier date 
than those of either the Clerk or Surrogate, required the greatest care in tran- 
scribing. The writing was of the style of the Seventeenth Century, the forma- 
tion of some letters being very different from our present style of writing. In 
a few instances, instruments were found written in Dutch or Latin, while 
phrases or sentences in Latin were occasionally found. In such cases it became 
necessary to have translations made. The illustrations on pages 24 and 25 show 
one of these books before and after copying. 

Recently the work of copying the Block Indexes has been and is now in 
progress. The originals of these indexes are large books containing about seventy 
blocks each and are contained in three sets of books. 

In the recopying, the work has been done on loose leaf sheets of a smaller 
size and bound into books containing ten blocks each, thereby giving greater 
freedom to the searcher and doing away with the confusion of handling three 
sets of books. 

The following summary shows in a condensed form the amount of work 
perfomied in the Register's Office: 

SUMMAP.Y. 



Total No. 
Libers. Pages. Pages. 

Conveyances 

Mortgagei 

Lexicographical Indexes — Grantors 

Lex cogra-iibical Indexes — Grantees 

Lexicographical Indexes — Mortgagors 

fMisce'lsneous Index 

Index to Filed Maps 

Chronological Index to Filed Maps 

Toul 696 371,850 



463 


550 


254,650 


86 


550 


47,300 


50 


500 


25.000 


37 


500 


18.500 


48 


500 


24,000 


2 


500 


1.000 


9 


140 


1,260 


I 


140 


140 




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O 
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27 



The followiiie; work is not bound in volumes : 



Libers. 



Entries. 



Card Iij<3ex Filed .\Taps 1 .... 

Klock Indexes, Con\e)-ances — 9 Sections (19) 147,670 

Block Indexes, Mortgapes — 9 Sections (1-S) 158,146 

Block Indexes, C^-nveyances — Sections not cf-mpletcd 30,504 

Block Indexes, Mortgages — Sections not coinp'etcc 28,389 

Total 



Entries. 



2,500 

305.816 

58,893 
364,709 



Recapitulation of Volumes Copied. 



Office. 



Voltimes. Pages. 



County Clerk's Office 70-5 266,522 

Surrogate's Office 1= .i"'^?' 

Register's Office 696 371.850 

1.414 648,753 



In the copying of all these records a uniform q-aality and size of paper was 
used, so that the completed certified copy of the records would be symmetrical 
and uniform in binding and appearance. 

The paper was of a fine quality parchment deed, ruled with forty-three lines 
to the page, and with a blank space at the bottom of the page to allow for 
" thumbing " without soiling or erasing the writing. Steel pens were exclusively 
used that the ink might penetrate the surface into the fibre of the paper. Gold 
pen writing has been found to merely remain upon the surface of the paper 
and fade away and disappear within a short space of years. 

On account of the fact that all instruments were indexed, showing liber 
and page, in the Lexicographical or Alphabetical Indexes, it became necessary, 
in the recopying, to so space the work that each instrument would begin and end 
on the same' page as in the original liber. In some cases, especially in the early 
libers (1 to 100) of Conveyances and ^Mortgages in the office of the Register, 
it was found that the pages contained more or less than forty-three lines, which 
necessitated great care by the copyist in transcribing, that his work might be 
correct as to page numbers. 

The work done is uniform in character, the names of the parties to each 
instrument being printed in a bold style, as well as the beginning of each clause, 
the rest of the instrument being written in a good legible round hand. 

The usual course pursued in the cases of worn or mutilated records is 
for the Supervisors of Copying of Mutilated Records to make report to the 
Assistant Superintendent, after a general examination of the books and records, 
ss to those found in bad condition. This report is submitted to the Commis- 
sioner of Records with the recommendation of the Assistant Superintendent as 
to which should be ordered copied. The books are then examined by the Com- 
missioner of Records and those which he deems require copying most impera- 
tively are ordered to be copied. These copies are made by copyists employed by 
the Register, County Clerk and Surrogate, respectively, under the supervision 
of the Commissioner of Records. 

The copies are then taken to the Comparers Division of the Commissionei 
of Records Office where they are carefully compared with the original records, 
all errors being corrected, after which said copies are certified by the said Regis- 



28 

^tcr, County Clerk or Surrogate, as the case may be, and the same are then sub- 
mitted to the Commissioner of Records for examination and approval. 

In the copying of records, no erasures are allowed. Errors made by the 
copyists are stricken from the book and a marginal note is made as to corrections. 
All errors appearing in the original te.xt are copied in the new volume and marked 
" So in original." 

When parts of an instrument are missing, endeavor is made to supply the 
missing words from other authentic records. Where this is done, the informa- 
tion supplied is shown in green ink. 

MAPS. 

Another class of records, the care and preservation of which is under the 
supervision of this office, are the maps filed in the offices of the County Clerk 
and Register. The importance of preserving these original maps can not be over 
estimated, locating as they do most of the old farm lines and other monuments 
in the county. The illustration on page 30 shows how badly some of these maps 
needed copying. The illustration on page 31 shows the same map copied and 
the mutilated parts restored. 

Prior to the year 1908, this office had the supervision of the recopying and 
remounting of all maps filed in the Register's and County Clerk's Offices. Since 
said time, the actual work of copying has been done for the Register by the em- 
ployes of this office. Many of these maps which were recopied were badly 
mutilated and would soon have been totally destroyed. Much missing infomia- 
tion on these maps has been supplied from authentic sources. This supplied in- 
formation being shown in green ink on the copied maps. 

The originals of all copied maps are carefully preserved in this office and 
may be referred to by any one upon proper application. 

The following schedule shows what has been accomplished in the preserva- 
tion of maps: 

Total number of Maps in Register's Office 2310 

Number of Maps copied and placed in 13 Portfolios 553 

Xum'ber of Maps remounted and placed in 4 Portfolios 209 763 

Balance on which no work has been done 2,048 

Total number of Maps in County Clerk's Office 602 

Filed Maps copied 41 Making 157 pages 

Filed Maps remounted 543 Making 1,190 pages 

Maps in suits remounted 66 Making 219 pages 584 

584 1,566 18 

■Balance not conied or mounted — 18. 

These 584 Mai>s are bound in 32 Portfolios. 

This office has for some time past and is now engaged in preparing for the 
Register, diagrams on the new index sheets of the Section and Block Indexes. 
In all, there are. approximately, eighteen thousand (18,000) of these diagrams 
to be made. To date, there have been completed about four thousand (4,000). 

While the foregoing may seem rather a lengthy statement of the work of 
this branch of the office, there are many minor things tending to the " care, pre- 
servation and convenient examination " of the records which have not been 
mentioned ; such as copying maps in the various libers and repairing the dif- 
ferent records. In fact about 90 per cent, of the work in the bindery of this 
office is on the care and preservation of the records. It would be almost impos- 
sible to give a detailed statement of the work performed in the bindery, the fol- 
lowing is but a general outline thereof: 

The work for the Register's Office consists, in part, of inserting and arrang- 
ing certified maps in portfolios, backing Land Maps with card board, backing 




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:.EO Map 1000 




MAP 

OF PROPERTY IN THE 

VIL.1_ACE 

WIL.L.IAMSBURCH 

Alrx.milfr Mrtfliri. Clly Sl..•^■«■vu■ U.m.liKii . I '. l-h^i ITlil llUt". 
FILED OCTOBER 31 tl 1842 



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DEBE VOISE 



IsiewTOWN 



3TATC or NEW votm V 



timtrn /Hvr-«v> < * ^ //•/#• '('/fi .tftt^ /Aw » t l0^ ttH-r^mf nr . 
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MAP No. 1000, COPIED AXD RESTORED. 



33 

Filed Maps with muslin. re]5airing Conveyance and Mortgage Libers and other 
books of record in said office. 

The work for the County Clerk's Office consists of binding Notices of 
Pendency of Actions and Clerks' Minutes, putting titles on volumes where 
needed, repairing Land Maps, and other work of a similar character. 

The work for the Surrogate's Office corresponds with that performed for 
the Register and County Clerk and may be generalized as rebinding and repair- 
ing records. 



34 



TOWN RECORDS. 

Chapter 171 of the Laws of 1904 provides: 

Sec. 4. " It shall be the duty of the commissioner of records to examine 
into the condition of * * * the books, maps, documents and other records 
of the former towns of New Lots, Flatbush, New Utrecht, Gravesend, Flatlands, 
Brooklyn, Bushwick and Williamsburgh, in the county of Kings, now constitu- 
ting the borough of Brooklyn, in the city of New York; * * * and he shall 
have exclusive supervision, care, custody and control of all books, records, docu- 
ments, maps, indexes and other records of said former towns in the county of 
Kings, which are now in possession of former officers of said towns, or any 
of them, or of any other person or persons, board or officers, whether said board 
or officers be departments or officers of the city of New York, or any borough 
thereof, or otherwise ; and said commissioner shall have exclusive power to make 
rules for the convenient use by the public of all the above mentioned records, 
documents and papers in his office. * * * The said commissioner of rec- 
ords is also authorized to reindex all conveyances, mortgages and other instru- 
ments relating to lands and liens thereon, which have been recorded in the 
various offices of the town clerks of the former towns of Kings County, re- 
spectively, hereinbefore referred to, or which have been filed therein, or which 
have been filed but not recorded, in the offices of the register and county Clerk 
of the county of Kings, such instruments to be indexed in a separate volume 
entitled, " Block index of unrecorded instruments," but nothing herein contained 
shall be construed as creating either actual or constructive notice of the contents 
of the said instruments, or either of them, where the same does not now exist 
by law." 

Sec. 6. " It shall be the duty of any person or persons, board or officers, hav- 
ing in his, its or their possession, any of the maps, books or records of either or 
any of the said former towns of the county of Kings, to deliver the same to the 
commissioner of records, upon demand, and in case of a refusal, such delivery 
shall be enforced by a writ of mandamus issued out of the supreme court, or by 
an order of one of the justices thereof ; and in case any officer, board or other 
person or persons, upon whom such demand shall have been made, shall deny 
having possession of any book or document, or other record so demanded, he 
may, upon return of such writ, or order, be examined, under oath, as to the 
whereabouts of such books, maps, documents and records. Having obtained 
possession of such books, maps, documents, and records, the commissioner of 
records shall collate, index and arrange the same for care, preservation and their 
use by the public ; and in such cases as he deems necessary shall make translations 
into the English language of any such books and records as are in the Dutch 
language, and shall make certified copies of any thereof as may be necessary, and 
file such certified copies in such of the public offices of the county of Kings or 
in the city of New York, as may be necessary for the purpose of assessments, 
record or other public use." 

The following catalogue shows such records as have been acquired by this 
office in pursuance of this law. 



35 



Catalogue of Libkrs of Town Recohds in the Office of Commissioxkr of 
Records of the County of Kings. 

Note — A'olumes which have been copied arc marked wkli a star C*). 



Title and Contents. 



Date. 



Vol. No. 



TOWN OF FL.\TBUSH. 

Census, State, Election District Xo. I 1845 

Census, State, Election District Xo, 2 1845 

Chattel Moncagcs 1883-1S90 

Court, Justices' — Minutes 1887-1892 

Health Board, Minutes 1 874- 1886 

Highway Corrmiissioners — iMinutes 1877-1884 

Highway Commissioners — Treasurer's Receipt Book, Town Roads 1869-1875 

Highway Commissioners — Treasurer's 'Receipt Book, "Town Roads 1875-1880 

Highway Commissioners — ^Treasurer's Receipt Book, Town Roads 1880-1884 

Highway Commissioners — ^Treasurer's Receipt Book, Tocwn 'Roads 1S84-188S 

Higmvay Commissioners — Treasurer's Receipt Book, Town iRoads 18S8-1S93 

Highway Conxmissioners — Treasurer's Reteipt Book, Crosswalks 1874-1892 

Highway Commissioners — Treasurer's Receipt Book, Ocean .\vemie 1874-18S9 

Highway 'Commissioners — Treasurer's Receipt Book, Ocean Avenue 1889.18i92 

Highway Commissioners — Treasurer's Receipt Book, Oce^n -\venue 189,1-1.894 

Highway Commissioners — ^Treasurer's Account Book, Town iRoads 1859-1809 

Highrtvay 0->mmissioners — Treasurer's .\ocount iBook. Toavn Roads 18(.9-IS73 

Highway Commissioners — ^Treasurer's Account Book, Town Roads 1873-18S9 

Highway Commissioners — ^Treasurer's Account Book, Town Roads 18^9-1^92 

Highway Comm.issioners — Treasurer's Account Bbok, Crosswalks 1874-1892 

Highway Commissioners — Treasurer's .^ccount Book, Ocean .-\venue 1872-1892 

Improvement Board — Minnies 1872-1885 

ImprX)voment Board — Minutes 1885-1894 

Improvement Board — Cash Book 1872-1894 

Improvement Board — Ledger 1872-1894 

Improvement Board — Bank Book 1887-1894 

Improvement Board — Certificates of Assessment iSales 1874-1891 

Improvement Board — ^Certificates of Assessment Sales 189.1 

Imjirovement Board — ^Certificates wnf -Assessment Sales (Clerk's Book) 1874-1893 

Index "to Papers received from Comptroller Dec. 16. 11899 

Index to Ta-x List Scliool Diistrict Xo. 3 (prolbably) 

Schools — ^-Accounts 1875-1882 

Sclllools— -Accounts 1891-1892 

Schools — Accounts, District No. 3 1 887-1888 

Schools— Draff Stubs. District No. 3 ia84-1893 

Schools — Census, Dastrict No. 3 1893 

Schools — Tax List, Districit No. 3 1877 

Schools — ^Tax List, District No. 3 1 879 

Schools— Tax List. District No. 3 1880 

Schools— Tax List. District Xo. 3 1881 

Schools— Tax List. District No. 3 I883-IS83 

Schools— Tax List, District No. 3 1884 

schools- Trustees' Minutes. District No. 3 1875-1882 

Schools — Trustees' Minutes, District Xo 3 1882-1888 

Schools — ^Commissioners of Sites Minutes 1891 

Streets and Servers. Commissioners' Warrant Book, Stu>bs 1889-1894 

Streets and Sewers. Contmissioners' Warrant Book. Stubs 1894 

Supetvisoi — -Annual Report 1S86 

Sujiervisor — .Annual "Report 1 887 

Supervisor — -.Annual Report 1888 

Supervisor — Annual Report 1889-1890 

Supervisor — .Annual ReiX)rt 1891-1892 

Supervisor — ^-Annual Iveport 1893-1893 

•Supervisor — -Annual Report 1893-1894 

Town Boarl Minutes 1875-1882 

Toivn 'Meeting Minutes — ^Dutch fincluding Town '.Accounts. 1663-1680) 1701-1762 

Town 'MeetiniT CVIim-.te= — Part Du'tcli (including Slaves, Births and 'Manutnissions. 

1799-1819; Court Records. 1679-1681. Diutch) 1762-I8il8 

Town 'Meeting Minutes (including 'Commissioners ■ai Highways 'Reports, 1823-1851) 1819-1851 

Town Records, Deeds. Wills— Dutch 1670-1708 

Town Records, Deeds — Dutch 1676/7-1682 

Town Record?. Deeds— Dutch 1700-1818 

Town Heoords. Court Minutes — Dutch 1659-16fi4 

Town Records, Deeds, Court Minutes— Dutch 1666-1681 

Town Records. Deeds. Court Minutes — Dutch 1664-1692 

Troops--Quota in War of Rebellion 1851-1863 

TOWN OF PD-ATL.AINDS. 

Election Insnectors' Reports 1799-1846 

Health Board— Minutes 1880-188.;; 

Health Board— Minutes „ "'','",'?^^ 

Index of Papers received from Compttx>ller Dec. 16. 1899 

Leases — iLands in Canarsie Bay ' j'-J 

License Board — Minutes (including Oyster Permitsl 1891-18V3 

License Board — .Town Clerk Expense -Account (including Lands purchased on 

Ruffle Bar) '894 



136 

137 

134' 

131- 

132* 

149* 

140 

141 

142 

143 

144 

145 

146 

147 

148 

ISO* 

151* 

1«2' 

153' 

154'' 

155* 

160* 

151* 

138* 

139* 

157 

162 

163 

164 

156 

135 

123* 

124* 

125* 

126 

127* 

117* 

118* 

119' 

120* 

121' 

122* 

128* 

129* 

130* 

158 

159 

no* 

IM* 
112* 
113* 
114* 
115* 
116* 
109* 
106* 

107* 

108* 

ICO 

101 

102 

103 

104 

in,1 

133 



401* 

402* 

403* 

4'>2 

423 

404* 

405 



36 



Title and Contents, 



Date. 



Vol. No. 



Miscellaneioiis (Records (Indian Deeds, Petitions, Awards, Count Record?, Quitrent 
Receipts) 

^lortgages. Chattel 

Oyster Board iMinutcs (Rentals) 

Police Commissioner's Receipts 

I'olice Commissioner's lil-otJter 

Police Comimissioner's Cash Book 

Road Records (including translation of IMiscellaneous Records above) 

Schools — ^Meetings, Elections, District No. 1 

Schools — Trustees' Minutes, District N'o. 1 

Schools — Minutes, District No. 2 

Supervisor — i.-\ccounts with Town and School 

Supervisor — Accounts 

"Town IBoard Minutes (including Town Meeting (Minutes, 18574891; Board of 
'Canvassers, 188MS91; License Board, 1S90; Town Auditors, 1890-1895; Board 
of Assessoj-s, 1891-1893) 

Town Board Minutes (including Town (Meeting Minutes, 1892-1895: Canvassers* Re- 
ports, 1892-1S95) 

Town Meeting Minutes (including Strays, 1802-1854)..;..;..;..;..;;;;..;..; 

Town Records. Deeds, elc. (including Town ^Meetings and 'Commissioners of High- 
ways Records — Partly Dutcii) 

Troops — Quota in War of Rebellion 

TO\V-\ OF GRlAVESEND. 

Auditors' Minutes 

Bonds — ^Part i.. Sewer District No. 1 

Bonds — Street, Record 

Bonds — ^Street, Record 

B'Onds — iSewer Improvement Book 

Common Lands. Trustees' Minutes 

Health Board — .Minutes, No. 2 

Health Board — ^Minutes, No. 3 

Health Board — Minutes, Xo, 4 

Health Board — (Minutes, No. 5 

Health Board — Sewer Construction, Record No. 1 

Health Board — ^Sewer Construction, Record No. 2 

Health B:rard — Se<\ver Construction, Cash Bijok 

Health Bbard — (Sewer Construction, Ledger 

Health Board — Sewer Construction, Stock 'Record 

Health Board — ^Town Treasurer's .\coounts. Ledger 

Healtli (Board' — Town Treasurer's Cash Book 

He*alth (Board — 'Town Treasurer's Cash Book 

Health 13oard — Town Treasurer's ) ournal 

Health Board — Town Treasurer's Bills Audited, Sewer District No. 1 Ledger 

Index to Books and Papers received from Comptroller 

Schools — ^Oomissioners' Accounts (including Trustees* Reports, 18364843, and 

Births of (Slaves) 

Schools — Trustees' !\Iinutes, District No. 1 (including Lilbrary Catalogue and Census) 

Streets — iCash Book 

Streets — Invoice Book 

Town Board — iMinutes (in re Tofwn Hall) 

Town "Board — Minutes 

Town Bo<ard — (Minutes 

Town Board — Minutes 

Town Meeting Minutes (including 'Canvassers' Reports, 1881-1894; Town Board 

Minutes. 1879-1894) .'. 

Town Meeting Poll List for Special Meeting 

Town Records — ^Book 1. To\vn Meetings 

Town Records — Book 2, Deeds, Leases, etc 

Town Records — (Book 3, Town Meetings 

Town -Records — ^Book 4, Court 'Minutes 

T.onvn 'Records — ^Book 5, Deeds, Leases 

Town Records- — (Book 6, Patents. Deeds 

Town Records — Book 7. Deeds, Toiwn Meetings, etc 

Town 'Records — .Book 8, (Canvassers' Reports 

Town (Records — iCopies of Books 1 to 6 above made by John L. Voorhees 

Town Records — ^Copies of Books 1 to 6 above made by John L. Voorhees 

Town Records — ^Partial copy of Book 1 

Town Records — Index to coniies 'No. 310 and No. 311 

TroOTis — ^Ouiota in Wnr of Reibellion 

Troops — Persons Liable to Military Duty 



1661-1864 
1847-1895 
1893-1895 
1S95 
1893-1895 
1893-1895 
1561-1868 
1850-1895 
1892-1895 
1844-1895 
1853-1888 
1888-1896 



I877489I 



1892-1895 
1783-1856 



1655-1784 
186WT86S 



1879-1894 
1886-1888 
1886-1892 
1887-1893 
1888 
1880-1894 
'1886-1887 
1887-16.90 
1 890- 1893 
1893 
1885-1887 
18S7-1S89 
1885-1890 
1886-1890 
1885-1888 
1886-1889 
1886-1889 
1891-1894 
1888-1889 
1891-1894 
Dec. 16. 1899 

1830-1843 
1857-1894 
1892-1894 
1885-1886 
1873-1883 
1884-11891 
1892-1894 
1894 

1873-1893 
1891 
■1646-1653 
1653-1670 
1656-1705 
1662-1699 
3 672-1689 
1645-1701 
17044872 
1799-1845 



406 

407* 

408' 

410* 

409* 

411* 

412' 

413" 

414* 

415" 

416* 

417* 



419* 
420* 



400 
421 



1861-1865 
1862 



337" 

341 

342 

340 

336 

321* 

344* 

323" 

324' 

325" 

329* 

335* 

328' 

330* 

331* 

iij' 

334" ■ 

326" 

332* 

327* 

343 

317 

318' 

339 

338' 

314* 

312- 

315" 

316* 

313* 

322 

300* 

301* 

302* 

303* 

304* 

305* 

306* 

307* 

310 

311 

3U9 

.?08 

319* 

320" 



TOWN OF NEW frUECIlT. 

Assessment Roll 1822 211" 

Check Baok, Brooklyn Bank Stulbs 18691876 231 

CJteck Book, (Stubs ' 1876-1.878 232 

Election Inspectors' Reports 1799-182Z 203" 

Health Board— Slaves* Births 1800-1822 »)y- 

Health "Board — ^Assessors* Record. Drainage .\ssessments, Northerly District 1871 227* 

Index of Books and Papers received from Comptroller Dec. 16. 1899 240 

Mortgages— Chattel 1850-1880 228* 

Mortgages^Chattel 1875-1894 229" 

Oaths 'of Town Officers (Constflbles* Bonds, 1877-1893) 1877-1885 225* 

Oaths of Tioiwn Officers 1&8S-1894 226* 

Receilits — Excise Licenses (Blank) 236 



37 



Title and Contents. Date. Vol. No. 

Receipts — Various 1&32-1872 230* 

Roads — Records 1704-1869 212* 

Rkads — Districts (1870 217' 

Schools — Commissioners' Minutes 1832-1823 210 

Sewers — Bath Beach Commissioners' Minutes 1889-1894 237* 

Sewers — ^EaLh Beach Commissioners' Account witli Supervisor 1890-1894 219 

Sewers— Bath Beach I.ateral Sewer, Ledger 1892-1894 23S 

Strays— Notices of 1794-1860 213* 

Streets — Hath Beach Improvement Commissioners' Journal 1 394-1895 239* 

Supervisor — j\ccoants with Town Officers 1832-1873 215* 

Supervisor — ^.-XccounLs with School Commissioners 1856-1872 213* 

Supervisor — ^Account TVook, Receipts and Expenses 1822-1832 21A* 

Supervisor — i.-\ccount Book, Receipts and Expenses 1874-1S95 2!6* 

Supervisor— Acoount Book. Excise IS94-189S 220* 

Supervisor— (.Acoounjt Book, Flagging ■ 1SS9-1895 221* 

Supervisor — ^Account Book. Street Assessment Improvement 1889-189^ 222" 

Svipervisor — L^ccount Book Streets • 1885-1894 223* 

Supervisor— Account Book,' INIemo. of Bonds 1890-1894 224' 

Town Meeting Minutes, Oaths 1793-1S93 204" 

Town Meeting Minutes, Oaths 1804-1815 205* 

Town Meeting Jlinutes, Oaths 1816-1826 207" 

Town Meeting Minutes, Oaths 18274829 206* 

Town Meeting Minutes, Oaths 1832-1S76 241* 

Town Meeting IWinutcs (including Election Inspectors' Returns, 1881-1894) 1877-1894 208* 

Town Reojrds — ^History of Town, Deeds, Town IMeetings, etc., Part Dutch 1659-1831 201 

Town Records— Dutch 1S5M682 203 

Town Records — ^Miscellaneaus Papers in Scrap Book, Mostly Dutch 200 

Troops — -Persons I.ia'ble to Military Duty 1851 233* 

Troops— Quota in War of Retiellion 1861-1865 234^ 

Troops — Persons Liable to ^lilitary Duty 186- 235* 



TOWN RECORDS. 

Of what good are these ancient town records which for years have been 
allowed to go to decay. The money equivalent for the money expended for 
their repair and preservation cannot be stated, although in cases it has come 
back many fold. In all civilized communities, property in the soil is the lirst evi- 
dence of settlement. These records show how the title passed from the Indians 
to the Government, and from the state to individuals. In fact they are the basis 
of the title to all real estate in this county. The true value of these records has 
been estimated by thoughtful students of them. 

Edward Everett said : " In the pages of these ancient volumes there will be 
found lessons of experience; of blessed common sense, shaping itself to the 
exigency of uncommon times ; of patient submission to present evils, in the hope 
of a brighter day; of fortitude and courage in an humble sphere; of provident 
care for the rising generation and posterity ; of unwearied diligence for the 
promotion of religion, morals and education, which in their joint effect have 
done much toward giving us this goodly heritage." 

Hon. C. F. Adams said: "It is in the towns and town records, that the 
American historical unit is to be sought. The political philosopher can there 
study the slow development of a system as it grew from the germ up. The 
details are trivial, monotonous and not easy to clothe with interest; yet the 
volumes which contain them are the most precious of archives. Upon their tat- 
tered and yellow pages the hardly legible letters of the ill-spelled words are 
written in ink grown pale with age ; but they are all we have left to tell us of 
the first stages of a political growth which has since ripened into the dominant 
influence of the new world. Nor is it too much to imagine that when the idea 
of full human government, first slowly hammered into partial shape in these 
towns, as yet far from perfected, shall have permeated the civilized world and 
assumed shape, then these town records will be accepted as second in historical 
importance to no other form of archives." 

Dr. O'Callaghan says: " The records of a government .which thus introduced 
civilization, and founded courts, churches and similar institutions in our State, 



38 

are, few will be bold enough to deny, deserving of every care and worthy of 
particular preservation. They are the ground work, the foundation stones of 
the History of the State of New York, and, if destroyed, the record evidence of 
its antiquity is irreparably lost." 

These records contain much minute legislation which show the creeds, the 
habits of thought, and the manners of the time. Here and there, a ray is shed 
upon domestic life, or family relations, which has its personal interest. The 
town legislation looked carefully after the manners and morals of the people; 
there are many curious entries which unconsciously throw a vivid light upon 
the new country and its simple life, and are of the greatest sociological value to 
one who would reconstruct a picture of this primitive life. 

'■ Of what value are these old records ?" Money value is usually in the 
mind of the questioner, and he can find the answer if he will consult the records 
of the courts. He will find how often these old records have been the only 
foundation for a just settlement of a knotty legal question. In every instance 
where an old road has been in question the town records are of the greatest im- 
portance. The monetary value of these records will be fully appreciated in the 
settlement of the ownership of the marsh lands in Jamaica Bay. While this 
problem has. been settled as between the State and City it is believed that before 
the Jamaica Bay Improvement has progressed very far, claims to part of these 
marsh lands will be made by different private individuals; if this proves to be 
true, these town records will be the only means of settling the question. 

The condition of some of these volumes as they were,^when delivered to this 
office, cannot be pictured by description or photography, as nothing but hand- 
ling will show the state of decay to which the paper had arrived. 

The illustration on page 40 is an attempt to show the condition of one of 
these books, while the opposite illustration on page 41 shows the present con- 
dition of the same book after repairing and rebinding. 

Some of these records have resisted decay for more than two hundred and 
fifty years and it was only too evident that their powers of resistance were in 
many cases nearly at an end, and that the time was not far distant when these 
records would have entirely disappeared. Some of these volumes had been 
wholly separated from the covers, and pages from each other, and wrongly ar- 
ranged until the pages of the various volumes were so mixed as to make it 
the work of an expert to sort them. Copyists, or so-called historians, had re- 
paged them, often erroneously, and in some instances the volumes had been re- 
bound with the pages in this improper order. The brittle leaves had been worn 
away, carrying with them information which virtually destroyed the particular 
record. 

COLLFXTION OF RECORDS. 

Until the annexation of the former towns that made up the Count)' of 
Kings, there were in each town a town clerk and various commissions and de- 
partments which had to do with the real estate in such towns, respectively, in 
which offices were kept records showing transfers of land, laying out of roads, 
woodlots, common lands, etc. 

In order to ascertain what particular records were in use in these towns, the 
laws affecting their formation and government have been examined and memo- 
randa has been made of the several boards and offices provided for by law and 
of the records which were to be kept by them. It became necessary to ascertain 
the names of the members of these various commissions and departments, and 
where possible by personal interview find what had become of the records they 
were required to keep. 

At the time of the consolidation of the Towns of Flatbush, New Utrecht, 
Gravesend and Flatlands into the City of Brooklyn, a large portion of the rec- 




LIBER 5 OF GRAVESEND RECORDS. 
1672. 




LIBER 5 OF GK.WKSIC.NL) UKCUkHS AS KICIIOL'N Li. 
1672. 



43 

ords of said towns then in existence, were turned over in bulk to the Corpora- 
tion Counsel of Brooklyn, who caused them to be examined and listed, and later, 
on creation of Greater New York, transferred most of these records to the 
P'inance Department. Many of the other records were turned over by the town 
officials to the corresponding departments in the former City of Brooklyn. This 
office has received most of these records. 

Occasionally this office receives records of value from former town officials 
or private individuals, but as time goes on it becomes more difficult to locate the 
missing records. From different sources there have been collected to date 29,231 
manuscript records. The following schedule shows the number of papers relat- 
ing to each of the former towns of Kings County now in the custody of this 
office: 

New Lots LSI 

Flatbush 13,001 

New Utrecht 4,830 

Gravesend C,813 

Flatlands 4,406 

Total 29,231 



These papers comprise: 

A. Acceptances, Appointments, Bonds, Oaths and Resignations of Town 
Officers, supplementing similar information given in the books of Town iMeeting 
Minutes. 

B. Bills of Sale, Deeds, Leases, Mortgages, Patents and Releases. Among 
these are ten original patents or charters given by the Dutch and English Gov- 
ernors to the towns and a number of unrecorded deeds of early date. 

C. IMinutes of Town Meetings and Town Boards, Reports of Town Offi- 
cers, including reports of Auditors, Common Land Trustees. Election Boards, 
Excise Commissioners, Fire Commissioners, Health Boards, Highway Commis- 
sioners, Improvement Boards, Police Commissioners, School Trustees, Town 
Treasurers and Water Boards. 

Among these are to be found franchises and permits for railway, lighting 
and water companies. A very considerable number of papers deal with street 
openings and improvements, comprising orders of opening and grading, appoint- 
ments and oaths of commissioners, awards and final reports. In these papers 
are to be found many diagrams and maps which are not listed in the number of 
maps. 

There are also many papers dealing with vital statistics, such as births and 
manumissions of slaves. These are of comparatively early date, as are also the 
papers dealing with arbitrations and settlement of town boundary lines. 

D. There remains a number of papers which will not permit classification 
under the three heads above given. Of such a nature are copies of laws affect- 
ing the dift'erent towns, and a number of papers of very old dates, both in Dutch 
and English, dealing with all sorts oi subjects. 

There is also in the custody of this department 199 maps distributed by towns 
as follows: 

New Lots 23 

Flatbush 38 

New L'trecht 24 

Gravesend 109 

Flatlands 15 

Total 199 



44 

This does not include the large number of maps and diagrams attached to 
the papers and mentioned above. 

The maps of early date are of the first divisions of the tiuf/n common lands, 
such as home lots and' plantations, wood lots, meadow lots, etc. ; also maps used 
in early suits against the towns and maps used in settlement of boundary lines. 
Of later date, there are maps showing opening and improvements of roadsor 
streets, changes of line proposed and adopted, sewer district maps, maps showing 
divisions of common lands and lands under water, maps of railway lines and 
a number of maps showing the estates of private individuals. There are also 
a few assessors' maps. 

MISSING RECORDS. 

Few persons realize the extent to which the earlier records of Kings County 
towns have disappeared and it is only when some question arises bringing to 
public notice the fact that certain much needed records are missing that the 
people give a thought to the matter. That these records are missing is not sur- 
prising when it is recalled that although the Town Clerk's Office^ was made the 
repository of many records, books, papers, plans, etc.; his office, if such it 
can be called, was his dwelling or a store or business office which might be his 
own or one in which he was employed. It was quite a common custom for clerks 
to loan their records and papers to persons asking for them, especially to his- 
torians, who, strange to say, usually took no care for their safety. 

Of the missing records' those of the Town of Brooklyn are without doubt of 
the greatest importance. These records were taken to England during the Revo- 
lutionary War bv John Rapalje, who was employed as a clerk by Leffert Lef- 
ferts, the Town Clerk. After the death of Rapalje these papers came into the 
possession of his granddaughter who married William Weldon of Norwich, 
County of Norfolk, England. About the year 1810, Weldon and his wife came 
to New York bringing with them the lost records of the Town of Brooklyn, which 
they offered to sell to the town for a large sum, but would not allow thelm to be 
examined before delivery. The town officers not appreciating the value of these 
records, they were allowed to be returned to England. (Stiles History of 
Brooklyn, volume 1, page 327.) 

Of the records of the former Towns of Bushwick, Williamsburgh and New 
Lots, this office has collected comparatively few, owing to the difficulty in ob- 
taining information regarding their disposition, by reason of the time which 
elapsed between the consolidation of these towns into the former City of Brook- 
lyn and the act of 1899 which gave this office the custody of these town records. 

COPYING OF TOWN RECORDS. 

No one unfamiliar with ancient records can have a right idea of the time 
required for correct copying and it is difficult to convince such a person that 
more cannot be accomplished. In ordinary copying, words and sentences are 
easily carried in the mind, whereas in the ancient copying it must be done word 
by word and often, owing to the quaint spelling, letter by letter. It is as neces- 
sary for one copying ancient records to be familiar with them generally, as it is 
for one copying a foreign language to be able to read it. Indistinct strange words, 
phrases and spelling which would not be decipherable to a novice because ot 
their apparent lack of meaning are recognized by an expert. 

The course pursued in copying has been to make a manuscript copy of the 
original, preserving the orthography, punctuation and, in fact, every feature, so 
far as practicable, that appears in the original record. After the copying is com- 
pleted comparison is made with the original. In cases where errors have been 
made by the copyist, no erasures are allowed to be made ; all corrections are made 



49 

in red ink ami a note is made on tlie margin that the correction has heen ap- 
proved. Where apparent errors appear in the original text a marginal note is 
made that the error appears in the original. 

The illustration on page 46 shows one of these original records. The op- 
posite illustration on page 47 shows the copy as prepared by this office. 

TRANSLATIONS. 

As will be seen by the catalogue in the beginning of this chapter, many of 
the old records of the various towns are written in the Dutch language. In some 
instances, while these records were still in possession of the town 
clerks, partial translations were made. In these translations there are many 
errors both of commission and omission. In addition to this these translations 
are not complete of any single book, the one employed to do this work selected 
instruments at random, sometimes from one book and sometimes from another 
and many of the records of the greatest importance were entirely omitted. Trans- 
lating these ancient records requires the services of one who is a competent Dutch 
and Latin scholar, a master of correct English, and thorough acquaintance with 
the history of the town to which the records refer. None of these qualifications 
seem to have been possessed by these early translators. In other words these 
early translations and transcriptions proved to be of such a character that this 
office was compelled to entirely ignore them. 

Archivist Van Laer, of the New York State Library, in discussing the trans- 
lation of Dutch records advocates the transcription of all the records in Dutch, 
with translations on the opposite pages. In a recent report he says : 

" Modern scholarship regards the translation of historical documents as 
merely editorial work and demands that the original text be given as well as the 
translation, in order that competent persons may critically study the records for 
themselves. There are in and outside of the State many persons who can read 
and understand a printed Dutch text, but who are not sufficiently expert in the 
grammatical forms of the language and in the handwriting and contractions of 
the period to make much out of the original manuscript. In the interest of such 
persons the Dutch text should be given as well as the translation. Moreover, 
the publication of the Van Rensselaer Bowier manuscripts has in Flolland at- 
tracted attention to the fact that the early Dutch settlements in this country are 
worthy of careful study. For the sake of the benefit which the elucidation of 
the early history of the State may derive from the study of the records by 
Dutch historians — who look at events from a different point of view and who 
have the advantage of a detailed knowledge of the contemporary history of 
their own country — it seems important to give such scholars the necessary mate- 
rial in its original form and in their own language, instead of through the medium 
of 1 foreign tongue. Finally, and this is perhaps the most important reason for 
printing the Dutch text as well as the translation, the printing of the documents 
in their original form is, properly speaking, the only means of preserving for 
all time the authentic information contained in them." 

This office has had the method suggested by the State Archivist in use for 
a number of vears, the course pursued is as follows : An accurate transcription 
of the Dutch'text is first made by the translator, on the left hand page and di- 
rectly opposite on the right hand page, line for line, as far as practicable, is 
written the translation ; this translation is attested by the translator in an affidavit 
before an officer empowered to administer oaths. An illustration of one of these 
transcriptions and translations appears on page 51. 

Indices are prepared and copied in the proper place in the beginning of each 
liber. These indices give all page references to every proper name, every place 
or locality, and every subject of importance treated or mentioned in the record. 
The value of an index of this kind needs no comment. 



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53 

Of the 176 original volumes in possession of this office, copies have been 
made of 122. In addition to which duplicate copies have been made and filed 
for use in various offices as shown in the following schedule : 

Office. No. of Volumes. 

Department of Finance 5 

Clerk of Kings County 29 

Register of Kings County 1 

Board of Health (Brooklyn) 4 

Bureau of Highways (Brooklyn) 2 

Department of Police (Brooklyn) 2 

Total 43 



Such volumes as have been copied are marked with a star (*) in the 
catalogue. 

COLLATING, INDEXING AND ARRANGING PAPERS. 

i\Iuch preparatory work must necessarily be done before the papers are 
finally arranged in order for copying, and it is also essential that records called 
for at any time by the public should be obtainable without unnecessary delay. All 
papers have been placed in metal files, each file bearing a label showing the 
class and nature of its contents, which, in conjunction with lists prepared and 
used as temporary indices, furnish ready reference to said papers. The maps 
are kept in metal drawers and map tubes, properly labeled, and are easy of access. 

The original volumes are arranged in order in a large fireproof safe and, 
so far as possible, are only used for identification. 

Every facility is provided for the convenience of those desiring to examine 
the records, and employees of this office are constantly in attendance to render 
assistance and in providing such information as may be required. 

SILK PROCESS. 

As most of these records are of the greatest importance, the utmost care is 
taken for their preservation and, ordinarily, they are kept in repair by employees 
of this office. In the cases of some of the older records which have become so 
worn and mutilated by exposure, use, and the chemical action of the ink that 
portions are continually crumbling off and disappearing, a silk covering process 
has been applied by outside experts to arrest their disintegration and to preserve 
them indefinitely. 

This treatment has been used especially for the preservation of the most 
ancient of the town records and in the covering of maps. 

The excellence of the silk or tissue process for preserving and bindmg rec- 
ords which were apparently bevond repair is so well acknowledged that each 
year sees more of the ancient records so treated. The illustration on pages 56 
and 57 show a book which has been covered with silk and one in need of such 
covering. 

The cost of the particular silk and the expert labor used upon the records 
necessarilv makes this class of work expensive. 










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59 

REINDEXIXG. 

The Colony of New Xethcrlaiid was planted by the West India Company, a 
commercial corporation of Holland, which obtained from the States General of 
Holland an exclusive charter or patent in liVil to found colonies, etc., and for 
this pur]X)se was invested among other things with the most comprehensive civil 
and judicial power. It was exclusively entrusted with the administration of jus- 
tice in the colonies it should establish, having the right to apjjoint governors 
and all civil officers, etc.. and to do all that the service of those countries might 
require. (Charter, Article 2.) 

Under the Dutch regime there were no territorial divisions corresponding 
with_ what are now counties. The simple government of the towns was in part 
administered by magistrates nominated by the people and confirmed by the gov- 
ernor._ The will of the governor in all matters, general and individual', civil and 
ecclesiastical, was absolute, and it appears that the rights of the people were 
held to be subordinate to his personal preferences, he often wantonly rejecting 
such magistrates as they had chosen merely to gratify his humor or caprice. 

The laws and ordinances for the government of the province conformed gen- 
erally to the jnrispru.dence of Holland. 

Under this form of government, while towns had been erected, all papers 
relating to real estate were recorded with the Colonial Secretary. The follow- 
ing is the first legislation in this province relating to the recording of deeds, etc. : 

Laws of Nkw Netiierl.vnd — Page 114. 

" Whereas the Director and Council of New Netherland have been informed 
that divers clandestine abuses and frauds have been practiced in the selling of 
Real Estate, such as Houses. Gardens, House lots, and other lands, to the serious 
injury of Creditors. 

Therefore, the Director and Council do by these presents, charge their Sec- 
retary and. in his absence, tiie Chief Clerk, not to pass or sign any deed of Real 
Estate until it shall have been examined and approved by the Director and Coun- 
cil at the stated Court day, hereby declaring all contracts and conveyances null 
and void which shall have been passed without their approbation, ratification 
and signature. 

This done and approved in our Sessions at Fort Amsterdain this Tth day of 
February Anno 1650." 

This law continued in force until IGCA when the following petition was made 
and ordinance passed : 

\'oLUME 1-1 — Cor.oM.sL DocuMEXTs — Page 541. 

To the Xoble, \'ery Worshipful Director General and Council of New Nether- 
land. 
Respectfully show the Sellout and the Schepens of the \'illage of Midwout, 
Breuckelen and New Eutrecht, that experience has taught and is daily teaching 
them, that many irregularities and confusion occur among the inhabitants of 
said villages, because parcels of land, houses and lots which have been sold, are 
not properly conveyed ; for it often happens that a piece of land, a house, or a 
lot is sold four or five times without a deed for it having been given and a re- 
ceipt for the purchase money taken, because the persons considered the trouble, 
loss of time and expenses caused by coming to Fort Amsterdam to have the deed 
properly recorded in the Secretary's office. As it is an old custom in Holland, 
that all real estate is conveyed and transferred before the Schepens. in whose 
jurisdiction it lies, and in order to prevent the confusion and irregularities likely 
to arise through the neglect of having it properly conveyed. 



60 

Your petitioners turn to your Honors respectfully requesting that vou will 
favor your petitioners with the authority and allow them in Uieir aforesaid quality 
and by their Secretary of the four N'iilages to have the conveyances of real es- 
tate, already sold or hereafter to be sold there, made before the Secrty in pres- 
ence of the two Schepens of the village, where the property is situated. Also 
that henceforth the petitioners may take acknowledgments, before two Schepens 
of the respective village, of Mortgages and bonds; the petitioners shall keep 
a separate record of the conveyances and mortgages in each \'illage. Which 
doing Etc.. 

Your Honors obedient servants, 

The Courts of ^lidwout. Amesfoort, Breuckelcn & New Eutrecht 

By order of the said Courts 

AdI!I.\.\' Hegem.\n". 

Secretary. 

\'0LfMK 11 CoLO.VI.M. DoCTMEXTS — PaGE oi2. 

Worthy, Dear. Faithful 

Our answer to your petition is contained in the enclosure. This serves only 
to recommend and direct you to take care, that no deed or Mortgage of any piece 
of land, house or lot to be passed of which no proper patent can be produced, so 
that our good inhabitants may not be cheated and misled, for deeds and Mort- 
gages of property, for which no patent is issued, are null and void. 

In passing deeds, ^fortgages. etc.. you will use the Seal, sent herewith, until 
further orders. 
Wherewith Etc. 
Feb. 1-lth, IGCA. 

Laws of New Netherland — P.\ge 459. 

Passed February 14, 16G4. 

" The Director General and Council of New Netherland, having read and 
considered the petition of the Sellout and respective Schepens of the Villages of 
Amesfoort, Breuckelen, Midwout and Utrecht on Long Island, setting forth 
that many Inhabitants in said \'illages neglect to convey in proper form their 
sold Lands, Houses, and Lots, to the purchasers, and to give a quit- 
claim therefor, as many were, as they represent, unwilling to bear the 
trouble, loss of time and expense attendant on going to the Manhatans to the 
office of the Secretary of the Director General and Council, so that some Lands 
were sold 4 or 5 times without being duly recorded, said Petitioners therefore re- 
questing to be authorized to have Deeds and Mortgages executed before them, 
each within his respective jurisdiction. Which, being taken into consideration by 
the Director General and Council, they have ***** authorized, 
as they do hereby, the said Petitioners, to have executed before them, the Deeds, 
Mortgages and Quitclaims of the Real Estate situate withii: their respective 
Jurisdictions and not beyond or without the same. Provided that in each Vil- 
iarge correct Registers be separately kept as well of Deeds as of Mortgages, in 
order that it may at all times be correctly seen who the right owners of the 
Lands are. and if these are incumbered or not, and' that correct copies thereof 
be annually delivered into the Office of the Director General and Council. 

Thus done in Fort .-Xmsterdam in New Netherland. the 14 February. A^ 
1664." 

This law marked the beginning of the recording of papers relating to real 
estate in the offices of the Town Clerks. 

The foregoing was the manner of recording transfers of real estate at the 
time of the evacuation of the Colony of New Netherland by the Dutch. September 
6. 16G4. 



61 

Under tlic Enijlish the system was very similar as is evidenced by the fol- 
lowing ; 

Cor.oxiAi. Laws. \'oi.r.\iK 1, Tagic 30. 

Duke of York's Laws, !\L\ifL-Ti 1, IGGo. 

Conveyances, Deeds and Writings. 

" That hencetortli no sale or alienation of houses and lands within this Gov- 
ernment, shall be liolden and good in Law except the same be done by Deed in 
writing under hand and Seal and delivered and possession given * * * and 
unless the said Deed be acknowledged and Recorded according to law. * * * 
And for the Recording of all such Grants, Sales and Mortgages. That everv 
Clerk of every Court of Sessions shall enter all such Grants, Bargains, Sales 
and Mortgages of Houses, Lands, Rents and Hereditaments as aforesaid, to- 
gether with the Estates of the Grantor and Grantee, Things and Estates granted 
together with the iJate thereof." 

Colonial Laws, \"olume 1, Page 62. 

Duke's Laws, ^Lakch 1. 16(55. 

Records. 

" All Records of Bargains and Sale or any other Conveyances, Administra- 
tions or Probates of Wills within the North and' West Riding shall be Trans- 
mitted to the Office of New Yorke, with the fees Ordained for the Records within 
one Moneth after the Record shall be made in the Courts, If within the East 
Riding within two Moneths." 

On the 1st day of November, 1683, an Act was passed to " divide this 
province & dependences into shires and Countves " (Col. Laws., \'ol. 1, Page 
121, Chap. 4). 

Under this Act the County of Kings was created as a Civil division, and 
two days later the following law was enacted : 

Colonial Laws, \'olume 1, Page 141. 

An Act to prevent ffrauds in Conveyances of lands. 

Passed November 3, 1683. 

" Forasmuch as many abuses and injurys have happened to the Inhabitants 
of this Province for the want of Duely registering and recording Conveyances 
of Land whereby disputes and law Suittes do continually arise ; fifor the prevencon 
\vhereof ; Be it enacted &c., &c. That from and after the five and twentieth day 
of December next after the date hereof, no grants, deeds, mortgages or other con- 
veyances whatsoever of any lands or Tenements within this Province shall bee 
of any force, power or validity in Law unless the said grants. Deeds, Mortgages 
or other conveyances be entered and recorded in the Register of the County 
wherein such lands or Tenements do lye within six months after the dayes of 
their respective dates. 

Provided always * * * That none of the aforesaid grants. Deeds, 
Mortgages or other Conveyances shall be entered or recorded, until the party 
or [tartyes who did seale and deliver the same shall make acknow^eldgment thereof 
before some of his matj^^ Justices of the Peace, or that the same bee by Sufficient 
Witnesses proved before the said Justice of the peace and certificates thereof 
entered on the back side of the said Deeds, grants. Mortgages or other Con- 
veyances. 

Provided always that the said Deeds, Mortgages or other Conveyances as 
aforesaid bee bv the clerk or register of the county * * * tran.smitted once 



62 

ever)' yeare to the Secretary's office att New Yorke with the ffees ordained foi 
tlie same, there to be registered and entered. 

Provided also thatt the same nienconed in the said Deeds, Mortgages or 
other Convevances do exceed the sume of £50 and no otherwise. 

Provided also thatt if the Clerk or Register shall neglect to transniitt the 
said Records as aforesaid that the such neglect of the clerk shall not prejudice 
the right of anv person claiming any such land by virtue of such Deeds, Mort- 
gages or convevances as aforesaid,' butt thatt for such neglect the said clerk 
shall loose his place & be made forever incapable to execute any place or office of 
trust within this Province." 

This Act which was amended Oct. 23, 1G84 (Colonial Laws, Volume 1, 
page 148) was the origin of recording in the County offices. In other words, 
all records relative to real estate in the office of the County Clerk or Register 
were recorded subsequent to November 1, 1683. 

The following extract from the Colonial Laws explains itself: 

Colon i.\L L.\ws, \'olume 1, P.\ge tl^. 

Chapter 216. 

An Act for the better settlement and Assureing of Lands in this Colony. 

Passed October 30, 1710. 

* * * '■ j\.nd whereas by many accidents the Deeds and Writings relating 
to Estates Some time have been and may hereafter be Destroyed, Consumed and 
Lost AVhereby tlie Lawful and Rightfull Owner of any Lands, Messuages, 
House, Tenements and Hereditaments may be exposed to many doubtful. Expen- 
sive and \'exatious Suits, and other Inconveniences, for the Preventing Whereof 
Be It Enacted by the Authority aforesaid. That all and every Deed or Deeds 
Conveyance or Conveyances and \\'ritings relating to the Title of Property of 
any Lands, Messuages, Tenements or hereditaments within this Colony which 
have been already or shall be hereafter Executed being Duly Acknowledged & 
Recorded in the Secretary's Office of the said Colony, or in the County Records 
where such Lands are Scituate and being Such Deed or Writing so Recorded 
or Transcript Thereof Shall be good and Effectual Evidence in any Court of 
Record within this Colony, to all Intents and purposes, as if the Original Deed 
or Deeds, Conveyance or Conveyances and Writings was or were produced and 
proved in Court." 

COLONI.VL L.XWS, \'0LUX1E 3, Page 957. 

Chapter 945. 

An Act for preventing frauds by Mortgages which shall be made and Exe- 
cuted after the first of June, 1754. 

Passed 12/12/1753. 
" \\'hereas many frauds and Abuses have been committed as well by persons 
^Mortgaging their lands. Tenements and Real Estate and afterwards Selling the 
same Lands to other Persons who were ignorant of Such Mortgages as by Persons 
^lortgaging the Same Lands Several times without giving Notice to the latter Mort- 
gagees of the former Mortgage or Mortgages. Whereby many Persons have been 
defrauded of great Sums of Money. Wherefore for preventing those Evils for 
the future. Be it Enacted * * * That immediately from and after the 
Publication hereof Each and every of the Clerks of the Several and Respective 
Citys and Counties within the Province Shall provide a fit and proper Blank Book 
for the Registering of all Alortgages of Lands, Tenements and Real Estate lying 
within their respective Citys & Countys \\'hich shall be made and executed after 
June 1, 17-54. In which Register shall be entered the description and boundaries 



63 

of the lands mortgaged, the names of the Mortgagors and Alortgagces and the 
dates of the respective Alortgages and Mortgage Money and the time and times 
when payable and the time when registered or recorded. 

To which register all persons whatsoever at proper seasons may have re- 
course and search and for which the said clerks shall have and receive the sum 
of three shillings fi>r each Mortgage so entered and one shilling for every search. 
Provided Always that before any such Mortgage shall be so entered in any such 
register the same shall be either acknowledged by the parties that executed the 
same or proved by one or more of the Witnesses thereto * * * 

And be it further Enacted by the Authority aforesaid. That if any person 
or persons whatsoever shall after June 1, 1754, Mortgage any lands, Tenements 
or Real Estate whatsoever within this Colony to two or more persons at dififerent 
times and any doubt or dispute shall arise about the priority of such Mortgages. 
That then and in such case the Mortgage first entered on the Register in manner 
before directed for the City or County where the Lands, Tenements or Real 
Estate lie shall be deemed and taken and is hereby declared and shall be adjudged 
by all Courts of L.aw and Equity within the Colony to be the first and prior 
Mortgage. Provided it be made Bona Fide and upon good and valuable consid- 
eration. ,\ny Law, Usage or Custom to the contrary notwithstanding. 
*********** 

And be it further Enacted by the .\uthority aforesaid. That whenever any Mort- 
gage or Mortgages so entered as aforesaid, shall be redeemed paid off and dis- 
charged, The clerks of the respective Citys and Countys, on application to them 
made by the ^lortgagors or persons Redeeming Paying off, and discharging such 
Mortgages and producing a certificate to the respective Clerks of the respective 
Cities and Counties signed by the Mortgagee or the Mortgagees in such Mortgage 
his her or their Executors Administrators or Assigns and acknowledged by the 
party or parties signing the same * * , * Shall and they are hereby required to 
enter into the aforesaid book of Mortgages, a minute of the said discharge or dis- 
charges which minute so entered shall be deemed and taken to be and is hereby 
declared to be a full and perfect and absolute barr to the first entry of any such 
Mortgage or Mortgages. * * *" 

L'nder the requirements of this law the County Clerk of Kings County began 
the recording of Mortgages in separate books. This law did not require that 
the mortgage be recorded in full. Only that there be entered the description, the 
parties, the amount, ichcii payable and the date of record. 

The discharge of a mortgage under this act was, as a rule, nothing more than 
a receipt in full often pasted in the book opposite the mortgage. 

This law was practically re-enacted by Chapter 45 of the Laws of 1788. 

The foregoing illustrates the manner of recording in use prior to the re- 
cording act of 1822 of which the following is an extract: 

Laws of 1832, Ch.vptee 254, Page 284. 

" Be it enacted &c. That every deed, conveyance, or other writing, made and 
executed after the first day of January next, whereby the right or title to any 
lands or tenements lying in the counties of Saratoga, Kings and Sullivan, may be 
affected either in law or equity, after being acknowledged or proved b}' anv 
of the officers empowered by law to take the acknowledgments of deeds * * *^ 
shall be recorded in the clerks office of the said counties, in books to be provided 
by the clerks of the said counties, for that purpose, and that every deed, con- 
veyance, or other writing, made and executed after the said first day of January 
next, whereby any of the said lands may be affected, in law or equity, shall be 
adjudged fraudulent and void against any subsequent bona fide purchaser or 
mortgagee, for a valuable consideration, unless the same be recorded as by this 



64 

act is directed, before the recording the deed or conveyance, under which such sub- 
se(|uent purchaser or mortgagee shall claim. 

And be it further enacted. That every deed, conveyance, or other writing, 
of and concerning any lands or real estate, within the said counties, which shall 
be entitled to be recorded as aforesaid, shall be recorded in the order, and at 
the time when the same shall be delivered to the clerks for that purpose, and 
shall be considered as recorded from the time it was so delivered; and the said 
clerks shall make an entry at the foot or in the margin of the record thereof, of 
the day, month, year, and the time of the day, when the same is so recorded, and 
endorse and sign a certificate on such deed, conveyance or writing, of the par- 
ticular time when, and tlie book and page in which the same is so recorded, and 
that every deed, conveyance, or writing, so acknowledged or proved, whether 
the same be recorded or not, or the record thereof, or a transcript of such record, 
certified by the said clerks, under the seal of the Court of Common Pleas of the 
counties whereof they are clerks, may be read in evidence in any court of this 
State, and without further proof thereof. * * *" 

It will be noticed that here there is a complete system for the registry of 
deeds and mortgages and not one word is said of any index to be made. In the 
certificate on the paper so recorded and the clerk is not required to certify that a 
paper is indexed. 

Laws of 182G — Chapter 313. 

" That it shall be the duty of the clerks of the several counties of this State, 
whenever directed by the Court of Common Pleas of any county to provide proper 
books for making general indices of all deeds and mortgages recorded or regis- 
tered in the Clerk's office of said counties respectively, and to index, in alpha- 
betical order, all such deeds and mortgages, in such manner as shall afiford a 
correct and easy reference to the several books of record in said offices, one of 
which indices shall contain, in alphabetical order, the names of grantors or mort- 
gagors, followed by the names of all their grantees or mortgagees ; and the 
other shall contain in like order, the names of all the grantees or mortgagees, 
followed by the names of their grantors or mortgagors; which indices of deeds 
and of mortgages shall be entered in separate books, and also to leave sufficient 
room in such books to insert the names of other grantors and grantees, mortgagors 
and mortgagees, from time to time ; and when the said indices shall be so com- 
pleted, the boards of supervisors of said counties shall audit and allow to the 
said clerks all monies they may have expended in purchasing said books, and 25c 
for each and every hundred names contained in said indices. Provided, That 
this act shall not extend to any counties where such indices are already provided, 
or to the City and County of New York." 

Laws of 1843— Chapter 199. 

" Sec. 1. The clerks of the several counties in this State ***;,■, those 
counties in which general indices of deeds and mortgages have not been made 
and preserved, according to the act passed April IS, 1826, shall provide proper 
books for making such general indices, and shall form indices therein in such 
manner as to afiford correct and easy reference to the several books of record 
in their offices respectively. There shall be one book for deeds and another for 
mortgages. In each book there shall be made double entries, or two lists of 
names in alphabetical order. In one shall be set the names of the grantors or 
mortgagors, followed by the names of their grantees or mortgagees ; and in 
the other, the names of the grantees or mortgagees, followed by the names of 
their grantors or mortgagors, leaving proper blanks between each class of names 
for subsequent entries: and in those counties in which indices were made under 
the said act of April IS, lS2r). and have been preserved the several clerks shall 



65 

complete the same by briiis^ins;- them down to the present time, and in cither case, 
the said clerks shall keep the said indices comi)lete by adding to the lists, as deeds 
and niortgasjes shall be sent in to be recorded. * * *" 

Neither the Law of XS'hi or that of 18 i;i make the index a part of the record. 
The indices provided for by Chapter i'J'J of the Laws of 1813 clearly form no 
l)art of the record but are intended in the language used " to aflford correct and 
easy reference '' to the books of record, and the record is thus recognized as 
existing independently of the indices. It is clear that the only purpose which was 
intended to be served by the indices was as a guide to the records for the con- 
venience of searchers. 

In the case of ^Mutual Life -Z's. Drake (8; .\'. Y., 257 ), Justice Earl referring 
to the index states: " There is nothing in the hist(M-y of legislation on the sub- 
ject of the registration of deeds and mortgages, from the earliest time in England 
and in this State which tends in the least degree, to show that it has ever been 
supposed that indexing was any essential or necessary part of registration." 

" Whatever forms part of a perfect record as prescribed in the act is 
essential : that is, the conveyance must be recorded in the proper book, iit the 
proper order and with substantial accuracy. If the record be defective in any 
thing essential, it will not serve the purpose of giving constructive notice to sub- 
sequent bona hde grantees or encumbrances." 

Cites — 4 Kent's Com. 174 " An index or aljihabet of a mortgage is no part 
of a mortgage and a mortgage is dulv registered if no index is made of it." 

Also 

1 Hilliard on Mortgages. 721 (4th Ed.), " The index is no part of the rec- 
ord and a mistake does not invalidate the notice afforded by a record otherwise 
];riij)erlv made; although the mortgage be omitted from the index it is just as 
much an incumbrance upon the land, and notice of it from the time it was left 
for record or transcribed, affects all subsecpient purchasers." 

Further adds : 

" It may be that the index, both for convenience and safety, should be made 
a part of the record, but until it is so made by the legislature, we can but pro- 
nounce the law as it is." 

There has been no amendment to these laws relating to conveyances and 
mortgages, with the exception of the Reindexing or Block Index Act, Chapter 
.■:(i.5 of the Laws of 1894. 

Section 1.'? of which provides: "The entries made in said indexes" (i. e. 
Block Indexes) "shall, for the purpose of notice, be denied and taken to be 
a part of the record of the instruments to which such entries respectively refer, 
and shall be notice to such subsequent purchasers or encumbrances to the same 
extent and with like effect as the recording of such instruments * * * now is 
or may be notice." 

^luch more could be said on the subject of the index forming no part of the 
record (prior to the Reindexing Act) and of a paper being notice although not 
indexed, but this matter will be left with just one suggestion to the members of 
the bar, and that is, prior to the Reindexing Act in order that one might make 
an absolutelv perfect search, it would be necessary to examine, page by page, 
every lilier and read every instrument recorded during the period covered by the 
search being made. In other words, in making a search from 1800 to 1894, 
it would be necessary to examine upwards of 480,000 deeds. 

REIXDEXIXG. 

The onlv indexes to the records relating to real estate, recorded in the 
County Clerk's and Regi.ster's offices, prior to January 1, 1895, were, what are 
called lexicographical or name indexes, and, in order to find what deeds, mort- 
gages or other papers relating to a specified piece of real estate had been made, 



G6 

it was necessary to run through a long series of indexes which contained the 
names of all persons in the County of Kings who had at any time made any con- 
veyance or other instrument relating to any piece of land iii the County. As 
there were about two million names on the indexes, it can be seen how enormous 
was the labor of searching which this system of indexing entailed. 

Chapter 365 of the Laws of 1804' (See Appendix D) provided for the in- 
dexing of all instruments, filed in the offices of the Register or County Clerk, 
relating to real estate, on and after January 1, ISilu. upon the Block System, that 
is, indicc;, were required to be made having at the top of a page one of the blocks 
within the County of Kings. On that ])age or the succeeding pages, wnich be- 
longed with it, were to be indexed all instruments affecting land in that particular 
block, without regard to what letter of the alphabet commenced the name of the 
person making the instrument. So that, in ascertaining what instruments had 
b«en made with regard to a specified parcel of land included within that block, 
it would only be necessary to examine the instruments which related to that block, 
and which would be included on a page or two, instead of on hundreds of pages 
on the name indices, with thousands, and perhaps, hundreds of thousands of 
entries which had no relation to the land in question. The Act of 189-1 also pro- 
vided that the County Clerk and Register should reindex all the old records on 
the F.lock System. 

Chapter 526 of the Laws of 1897, after providing for the appointment by 
the Commissioners of Records of two superintendents, further provided '" and 
from and after the first day of January, Eighteen hundred and ninety-eight, 
said superintendents, under the direction of the Commissioners of Records, shall 
carry on, continue and complete the reindexing of conveyances, mortgages and 
other instruments relating to lands and liens thereon in the County of Kings in 
the manner now provided by law to be done by the register and county clerk of 
said county. * * *" 

By Chapter 591 of the Laws of IS'.II), which jjrovide for the appointment 
of a single headed Commissioner of Records it was enacted " and from and after 
his entry into office, the said Commissioner shall carry on, continue and com- 
plete the reindexing of conveyances, mortgages and other instruments relating 
to lands and liens thereon in the County of Kings, in the manner provided by 
law in force at the time of the passage of this act. The said Commissioner of 
Records assuming the duties with respect to said reindexing in the Register's 
office and the County Clerk's office of the County of Kings, now devolved by law 
upon the present Commissioners of Records and their superintendents." 

Chapter 171 of the Laws of 1904, under which law this office is at present 
engaged on the reindexing, provided " From and after his entry into office, the 
said commissioner of records shall carry on, continue and complete in permanent 
form, the reindexing of conveyances, mortgages and other instruments relating 
to lands and liens thereon in the County of Kings, in block indexes, in the man- 
ner provided by law in force at the time of the passage of this act, the said 
commissioner of records assuming the duties with respect to said reindexing in 
the Register's and County Clerk's offices of the county of Kings, and now de- 
volved by law u]3on the present commissioner of records. It shall be the further 
duty of said commissioner of records to reindex in separate block indexes all 
mortgages satisfied prior to January first, eighteen hundred and ninetv-five, and 
U[)on the l)lock indexes now completed or in process of completion by the present 
commissioner of records, all mortgages unsatisfied of record or satisfied subse- 
■ iuent to January first, eighteen hundred and ninety-five, or he may consolidate 
and include all mortgages recorded prior to January first, eighteen hundred and 
ninety-five, whether satisfied or unsatisfied, in the permanent block indexes, as 
he may deem most advisable. When put in permanent form and before deposit- 
ing the said block indexes of mortgages in said register's office, the commissioner 



67 

shall note upon the margin of said block indexes of mortgages, following the 
index of each mortgage, respectively, all satisfactions filed prior to January first, 
nineteen hundred and four, and shall cause all satisfactions thereafter filed to be 
so noted upon the margin of such indexes from time to time as the same are filed. 
The said commissioner of records shall reindex in the block system of indexes 
of notices of pendency of actions, in the office of the county clerk of the county 
of Kings, the name or names of all defendants requested to be indexed in said 
notices, respectively, at the time of filing thereof, in addition to that of the first 
named defendant under which said notices are now only indexed, and shall con- 
tinue the same to and until January first, nineteen hundred and five. Upon the 
completion of reindexing of records in the county clerk's and register's offices, 
upon the block system, as herein provided, the commissioner of records shall put 
his reindexing plant in proper and permanent form for its care and preservation 
for public use in his office, and is hereby authorized to arrange and bind in book, 
portfolio, or other permanent forn,i, all the abstracts of conveyances, mortgages 
and other instruments relating to lands and liens thereon, which have been made 
in connection with, or for the purpose of the reindexing on the block system, and 
also maps, working plans and commissioner sheets, upon which are delineated 
lands in the county of Kings, which have been prepared and used in the office 
of the commissioner of records, in connection with, or for the purpose of rein- 
dexing on the block system; and may make such copies of said abstracts, maps, 
working plans and commissioner sheets as he shall deem necessary for public 
use; and the same, and the originals thereof, shall be deemed to be the public 
records, and shall, after the completion of the said reindexing on the block sys- 
tem, be public records, and shall be open to the use of the public in his office, 
and under such rules and regulations as the commissioner shall prescribe. The 
said commissioner of records is also authorized to reindex all conveyances, mort- 
gages and other instruments relating to lands and liens thereon, which have been 
recorded in the various offices of the town clerks of the former towns of Kings 
County, respectively, hereinbefore referred to, or which have been filed therein, 
or which have been filed but not recorded, in the offices of the register and county 
clerk of the county of Kings, such instruments to be indexed in a separate volume 
entitled ' Block index of imrecorded instruments ' but nothing herein contained 
shall be construed as creating either actual or constructive notice of the con- 
tents of the said instruments, or either of them, where the same does not now 
e.xist by law." 

The usual course of procedure in reindexing the old records is as follows: 

There is made by the Abstracting Division, an abstract, or, in other words, 
a short digest of each instrument recorded or filed in the office of the Register, 
and of all records in the office of the County Clerk, which relate to real estate. 
The abstract consists of the name of the party who makes the instrument, called 
the grantor or mortgagor, as the case may be, and the party or parties to whom 
the instrument is made, called the grantee or mortgagee, the date of the instru- 
ment, the date, liber and page of the record and a diagram, if possible, if not, 
a written description of the property. 

In the meanwhile maps have been prepared which are called Commissioners' 
Maps or Sheets. On each sheet is laid down a section of the City, showing a 
certain number of blocks under the Land Map. These Commissioners' Sheets 
are more fully described on page 8.3. 

The abstracts are then sent to the I^ocating Division where they are arranged 
according to locality, so that one man may have in his hands for locating all the 
abstracts which relate to the property shown upon one of the Commissioners' 
Sheets. The locator then takes an abstract and, with the Commissioners' Sheet 
before him, he ascertains upon what block or blocks the particular property shown 
on that abstract must be located and marks at the top of the abstract the proper 



68 

block. If he Jinds that the property extends over into another Commissioners' 
Sheet, the abstract is so marked, and a reference shp pinned to it, and it is passed 
on to such person as may have the adjoining sheet. This method also applies 
where an abstract describes two or more parcels of land on diliferent sheets. 

All abstracts which described property according to farm lines were sent 
to the First or Map Division where they were located and plotted on the Farm 
Plan Sheets described on page 84. 

Any abstracts which are difficult, or perhaps impossible to locate from the 
Commissioners' Sheets, by reason of indistinct, doubtful, or defective descrip- 
tions, which occur especially in the earlier records are sent to the Fourth or 
Searching Division, where searches are made of other old instruments and other 
records relating to the property, and by comparison and diagrams made up from 
the instruments in question, and perhaps from twenty to thirty or more instru- 
ments, relating to the same fami of which the abstract represents a part, or per- 
haps adjoining farms also, the actual location of the property mentioned on the 
abstract is ascertained, and in that way the proper block number placed at the 
top of the abstract. Such a difficult abstract often takes one, two or three weeks 
to locate. 

When the abstracts in a certain section have all been located, they are again 
re-distributed, according to the blocks which are marked at the top so that all 
instruments relating to one block may be together. The abstracts are then taken 
to the Indexing Department or Fifth Division, where the final work is done 
of entering on sheets all instruments relating to each block of land ; when com- 
pleted these sheets are bound up in temporarv indexes. 

Upon the completion of the reindexing in this form, all instruments relating 
to any property upon a certain block will be found upon a few pages of the 
Block Index, so that a chain of the title of property will be obtained in a few 
minutes or a few hours, at the outside, instead of taking days, weeks, or even 
months as under the old system. 

There were abstracted in all 1,273,868 records in the office of the Register 
made up as follows : 

Conveyances 559,318 

Mortgages 484,051 

Cancellation of Mortgages 930,499 

Total 1,373,868 



The foregoing is a very brief outline of the method of procedure in reindex- 
ing. An endeavor will be made to show some of the many details of this work. 

PATENT AND FARM MAP SKETCHES. 

The Dutch settlements on the western end of Long Island began mostly as 
individual enterprises. The settlers took up such tracts of land as best suited 
them and commenced their cultivation. These lands were either selected from 
those of which the title had already been secured by the West India Company 
from the native Indian proprietors, or were purchased directly from the Indians 
themselves. In either case, their occupation was duly sanctioned by a patent or 
ground brief from the Governor of the Colony acting for the West India Com- 
pany, and confirmatory patents were usually granted after a change in the Gov- 
ernor of the Colony. ^lany confirmatory patents were issued after the acquisi- 
tion of the Colony by the English Government. 

The dates of the original patents mostly range from 1040 to 1664 and they 
are the basis for the title to most of the land in Kings County. 



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iy_-.-._.J| ; 'iV/5 5 .'I 



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IS »ier^'i"»OD 



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n 

These original patents are ut necessit\ tile starting point in the re-indexing 
of records relating to real estate and in order that such of these patents as are 
recorded and the early conveyances might be properly located on the block sys- 
tem, it became necessary to prepare a map showing all these early papers. 

This map was known as the Patent Map, an illustration of a small section 
of which appears on page TO. In order that this map might be prepared a 
thorough knowledge of the history of the County and State and of the early 
Indian deeds, and patents had to be acquired. 

Employees of this office have made a study of all available [)ublished his- 
torical works, including local and family histories. 

Few persons can a]ipreciate the amount of study the preparation of a map 
of this kind required ; work of this character calling for a special knowledge 
which no available person possessed and it w'as only by the most diligent search 
and close application that the work has finally been accomplished. Scarcity of 
records was probably the greatest handicap in the preparation of the work. Of 
the great number of patents which were issued to the different civil divisions 
and individuals for lands in this county, only four are of record in the county 
records. It is not surprising that these early papers were not recorded in the 
county records when it is recalled that the county had no existence as a civil 
division until November 1. 1(!S3. Page T3 illustrates one of these patents. 

Another of the difficulties of this work was the fact that the system of 
measurements in use under the Dutch Government did not conform to the 
English measurements now in use. While almost every province in Holland had 
a different system for the measuring of land, the following table shows those most 
commonly used in the province of Xew Xetherland : 

z= 11.355 English indies 
]Jiitch Rod -- 12 ft. .1.62 English inches 
1 Morgan = 2.084 Engliiili acres 

^ 3.9l3 English miles 

=: 11.14 English inches 
1 rod = 12.0683 English feet 

1 Morgan = 2.0061 English acres 

— 12.4 English inches 

A few of the historical works consulted are shown in the following list." 

American Genealogies — Holgate. 

A Description of New York — Daniel Denton, 1670. 

Battle of Long Island— T. W. Field. 

Colonial History of Xew York — Documents relating to, 14 Vols. 

Calendar of English and Dutch Manuscripts. 

Danker's and Sluyter's \'isit to Xew York, 1G79-1G80. 

Early Settlers of Kings County — Bergen. 

History of Bergen Family — Bergen. 

History of Brooklyn — Furman. 

History of Brooklyn — Ostrander. 

History of Brooklyn — Stiles. 

History of Flatbush — Strong. 

History of Flatbush — \anderbilt. 

History of Harlem — Riker. 

History of Huguenot Emigration — Baird. 

History of Indian Wars — Hubbard. 

History of Johnson Homstead — Johnson. 

History of Kings County — Stiles. 

History of Lefiferts Family. 

History of Long Island — ^Farmer. 

History of Long Island — Onderdonk. 

History of Long Island — Prime. 

History of Long Island — Thompson. 

Historv of Long Island — Wood. 



1 


Dutch foot 


!3 


Dutch feet — 1 


(too 


Ehitch sq, rods =^ 


1 


Dutch mile 


1 


'.\msterdam foot 


U 


feet = 


600 


" sq. rods tz; 


1 


Rhineland foot 



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75 

History of \evv Netherlaml — O'Callaghan, 2 Vols. 

History of New York — O'Callaghan, 4 Vols. 

History of Xewtown— Riker. 

History of Queens County. 

History of Renisen Family. 

Indian Names on Long Island — Tooker. 

Indian and Dutch Names — Benson. 

Laws of New York — Greenleaf. 

Loyalists — Sabine. 

Moody, Deborah — Gerard. 

New Amsterdam Records. 

New York and New Netherland — Brodhead. 

Recollections of Brooklyn and New York. 

The inaccuracies of these historical works was a source of many vexatious 
errors and delays, some of these inaccuracies or dififerences are noted below : 

\^ol. 14, page 65 of Colonial Documents reads " 150 Rods " ; Stiles' History 
of Brooklyn reads " 115 Rods." 

\'o\. 14, page 61 of Colonial Documents, contains the following: 

" The S. E. 50 Rds. S. of the hill. S. \V. by W. and W. S. W. 80 rds." While 
Liber 1 of Conveyances, page 246, which is supposed to be a copy of the same 
paper, does not contain this sentence. 

Vol. 14, page 60 of Colonial Documents reads " 96 Rds." ; while Stiles' His- 
tory reads " 69 Rds." 

\'ol. 14, page 45 of Colonial Documents reads "54 Rds." ; while a certified 
copy obtained from Albany reads " twenty-four rods." Again in the same instru- 
ment one reads " 74 Rds." while the other reads " Seventy Rods." 

The patent to Abraham Rycken is located by Thompson at Gowanus ; by 
Riker, at the Wallabout ; and by Stiles, on the Brooklyn and Newtown Turnpike, 
while this office eventually located this grant on the old Bushwick Road. 

Many more such instances could be cited, but it is believed that the fore- 
going are sufficient to show the care and study necessary in this work. 

In addition to the study of the different historical works it was necessary 
to examine many of the records in neighboring counties. Perhaps one of the 
greatest aids in the preparation of this work were wills. 

Prior to 1T87, all wills relating to Kings County, were, with a few exceptions, 
recorded in New York County, those having been probated prior to 1754 in the 
Prerogative Court and subsequent to said year in the Court of Probate. 

Uncertainty as to the exact location of the boundary lines of the different 
civil divisions was another of the difficulties encountered. In several instances 
the lines of townships overlapped. The most noted instance of this kind was 
the dispute between the towns of Newtown, Bushwick, Flatbush and Brooklyn. 
Without going into a lengthy explanation of this case, the claim of the town 
of Newtown to all the south part of the town of Bushwick and practically all 
that part of the town of Brooklyn east of Reid avenue, necessitated the exami- 
nation of all the records of the town of Newtown and of the early records of 
Queens County. 

As a matter of fact many of the conveyances affecting the southern part of 
the town of Bushwick are of record in Queens County. It might also be men- 
tioned here as a matter of information, that many conveyances of the land along 
the west side of Spring Creek are recorded in the town records of Newtown and 
in the Queens County records. 

GENEALOGICAL WORK. 

During the progress of the work on the original patents and early farm 
titles, it became necessary to make a systematic study of the descendants of the 



76 

original settlers. By a study of this kind many apparent breaks in the early 
titles have been filled. As an illustration, Jacobus Enians in the year 1728 was 
the owner of a large tract of land in the town of New l)';,recht. In the year 
1762 this land was sold by Jacques Denyse and Jacoba, his wife, and there is 
nothing in the county or town records showing how Jacobus Emans disposed of 
this land. 

A study of the history of the Enians family discloses the fact that Jacobus 
Emans died in the year 17;!5, leaving him surviving one child, Jacoba, his only 
heir at law, and that this Jacoba afterward married Jacques Densye. 

Alany other instances of this character could be cited but it is believed that 
the foregoing is sufficient. 

The difficulties with which the student of the family history of the early 
settlers of Kings County have to contend were legion. Hon. Henry C. Murphy, 
While U. S. Minister at The Hague, wrote an article descriptive of Dutch 
nomenclature, etc., extracts from which illustrate some of these difficulties : 

" Returning now to the consideration of names, in order to show what dif- 
ficulties the peculiar systems adopted in this country (Holland), and continued 
by the settlers in our own home throw in the way of tracing genealogies, it is to be 
observed that the first of these, * * * was the patronymic, as it is called by 
which a child took, besides his own baptismal name, that of his father, with the 
addition of zoon or sen. meaning son. 

"To illustrate this: If a child were baptized Hendrick and the baptismal 
name of his father were Jan, the child would be called Hendrick Jansen. His 
son, if baptized Tunis, would be called Tunis Hendricksen ; the son of the latter 
might be William, and would have the name of William Tunissen, * * * 
and so on, through the whole calendar of christian names ; or as more frequently 
happened, there would be repetition in the second, third or fourth generations, of 
the name of the first, and thus, as their names were common to the whole people, 
tliere were in every community different lineages of identically the same name. 
* * * In writing the termination ' sen ' it was frequently contracted into 
se or z or s. Thus the name of ^^'illiam Barrentsen, * * * ;§ given Barentsen, 
Barentse, Barentz or Barents, sometimes in one way, sometimes another, indiffer- 
ently. * * * The inconvenience of this practice, the confusion to which it 
gave rise, and the difficulty of tracing families, led ultimately to its abandon- 
ment both in Holland and in our own country." * * * 

" Another mode of nomenclature, intended to obviate the difficulty of an 
identity of names for the time being, but which rendered the confusion worse 
confounded * * * was to add to the patronymic the occupation or other 
personal characteristic of the individual. Thus Laurens Jansen, * * * (.]■,£ 
printer had affixed to his name that of Coster, that is to say, sexton, an office 
of which he was in possession of the emoluments, but the same addition was not 
transmitted to the son : and thus the son of Hendrick Jansen Coster might be 
called Tunis Hendricksen Brouwer (brewer) * * * Upon the abandon- 
ment of the old svstem of names, this practice went with it ; but it often happened 
that, while one brother took the father's patronymic as a family name, another 
took that of his occupation or personal designation. 

" A third practice, evidently designed, like that refered to, to obviate the 
confusion of the first, was to append the name of the place where the person 
resided, not often of a large city, but of a particular, limited locality, and fre- 
c|uently of a particular farm or natural object * * * as for instance \'an 
Wyck, Van Euren and many others too numerous to mention. Sometimes the 
Van has been dropped, as in the name of Boerum * * * gf Covert * * *^ 
and others." 



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UNRECORDED DEED- 



REYERSON TO MARTKNSEN. 
170S. 



79 

UNRECORDED DEEDS. 

The fact that only a small percentage of the ancient deeds have been re- 
corded either in tiie town or county records still further handicapped the work 
on ancient titles. Special effort has been made by this department to obtain 
either the original or copies of as many of these unrecorded papers as possible. 
There are now in i)ossession of this office three volumes of unrecorded deeds 
amounting to over one thousand pages. 

The dift'erent title companies and many individuals have niatcriallv aided 
this office in the collection of unrecorded papers. It is to be regretted that some 
more systematic effort has not been made to collect the great mass of unrecorded 
papers that are in the hands of the descendants of the early settlers of this county. 
As the years roll by these papers are being scattered and in time they will un- 
doubtedly fall into the hands of persons who failing to appreciate their value 
will allow them to be destroyed. It is believed that some eft'ort should be made 
to rescue from oblivion records of such vital iin)5ortance to titles to real estate. 

While these papers are in no sense official records this office has every 
facility for the care and preservation of papers of this character, and would 
suggest that those having original unrecorded papers relating to real estate de- 
posit them in this office where they would undoubtedly be of inestimable value 
to searchers and historians, as well as to this office. 

On page T8 is a fac-simile of one of these unrecorded deeds wliich has been 
deposited in this office for preservation. 

OLD STYLE A^'D NEW STYLE OF DATING. 

.Searching through the old deeds, county, town, church and other records, 
and in reading early history we frequently notice in connection with the dates 
the abbreviations " O. S." and " N. S.," or the expression " Stilo Novo." George 
Washington was born, according to record, February 11, 17'.Vi. O. S., correspond- 
ing to February 'i'i, 17.')"2, N. S. 

A vear is the time required for the earth to revolve around the sun, viz. : 
365 davs, 5 hours, 48 minutes and 4il.T seconds; and for convenience it was nec- 
essary, by adding the fractions, to make an extra day every four years. Hence 
February has 29 days every fourth year. 

About the year 45 B. C., Julius Caesar, established the Julian or present style 
of making a year to consist of 365 days, and of adding one day every fourth year 
to make up the loss in the three preceding years. The addition of a whole day 
everv four vears is, however, too much by 11 minutes and a fraction. 

The Covmcil of Nice, in 3?5 A. D., established the beginning of the year on 
the -ils^t dav of March. Hence the names of September, October, November and 
December, which, counting March as the first month, are the seventh, eighth, 
ninth and tenth months respectively, and we often find the names of these months 
written 7*^ 8''", iji"", and ]0^^ the number in these cases being used in the place of 
the Latin words Septem. Octo. Novem and Decern. 

Pope Gregory found in 158? that a gain of about ten days had been made 
in the period of 1257 years, and that tHe vernal equinox then fell on the 11th of 
March To correct the time therefrom he decreed that the 5th of October in 
that vear should be reckoned as the 15th: and to avoid the future overplus of 
18 hours, 37 minutes and 10 seconds in a century, that every centurial year not 
divisible by 400 should not be " leap year." This required that the extra day 
be dropped three times in every 400 years. Catholic countries, generally, adopted 
■the so-called " Gregorian Style," but Protestants declined, on account of ex- 
isting prejudices, to receive from the Pope even such a marked improvement. 

A bill to correct the calendar was introduced in the English Parliament in 
1585, but failed to pass, and therefore the British people continued to endure 




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83 

tlie inconvenience of the " old style " rather than submit to " Popish Dictation." 
In ITo'i, however, the British Parliament enacted that after the '3d day of Sep- 
tember, 1T53, the next day following should be reckoned as the 14th, and that 
three of the four centurial years should not be leap years, thus practically adopt- 
ing the Gregorian style. The year 1700 was leap year under the Julian style but 
was an exception under the Gregorian style, and by the Act of I'o'i it was made 
to conform thereto. 

In applying " old style " to " new style " dates prior to September 2, 1752, 
it will therefore be seen that 10 days should be added to the dates on or before 
February "39, 1700, and 11 days to dates on or subsequent to March 1, 1700, and 
prior to September 2, 1752. 

The Act of 1752 also established January 1 as the beginning of the year in 
all cases in and after 1752. 

(Historical Bulletin, Volume 7, page 45.) 
Still another manner of dating records, which causes more or less difficulty 
to those who are not familiar with English history was that of giving the year 
of the reigning Monarch instead of the year A. D. ; for instance, few would rec- 
ognize '■ in the second year of the reign of our Sovereign Lord George the Third " 
as the year " 17(12 '3." Instances of dating in this manner are numerous prior 
to the Revolutionary War. 

For the convenience of those examining the ancient records the following 
schedule is given : 



Monarch 



Accession. 



Reign Ended. 



Charles II iMay 29, 1660 

Jam«9 II 'Fo^- 6, 1585 

Interregnum Dec. 1, 168S to Feb. 13. 1689. 
William III. 1 ^ . . ,„„ 

and !• Feb. 13, 1689 

Am7^ .^.^.'. .^. March 8, 1702 

George I \ugust 1, 1714 

Georle II J"ne 10, 1727 

George III Oct. 25, 1760 



Died iFeb. 6. 1683 
Deposed Dec. 1, 1688 

( Died March 8, 1702 
; Died 1(594 

Daed August 1, 1714 
Died Tune 10, 1727 
Died Oct. 25, 1760 
Died Jan. 29, 1S20 



com:\iissioxers' sheets. 

In order to carry out the provisions of the reindexing laws, it became 
necessary to accurately determine the location of each parcel of land described 
in the earlv records, upon the present map of the city, with its elaborate system 
of streets. ' The vague method employed by the early settlers in their land trans- 
actions, the meagreness of descriptions and the lack, of accuracy in the surveys, 
together with the fact that the farm lines continually changed, lines once ex- 
isting having long since been obliterated by the merging of adjoining farms in 
one owner, and many other unforseen obstacles made the undertaking a difficult 

one. . ,, , 

Under the direction of the First or Map Division two series of plans, called 
Commissioners' Sheets, were constructed, each series covering the entire county. 
These plans show the present svstem of streets, with the width of the streets and 
dimensions of the blocks, etc. ' Upon one series were located all maps affecting 
land in Kings County filed in the various offices, such as property maps, street 
openin<r maps, assessment maps, also all other surveys and maps not of record, 
obtaine'd from reliable private sources. This series of maps were known as 
Filed Map Plans, an illustration of one of these plans appears on page 82. 

Upon the other series, with the map lines as a basis, were plotted all de- 
scriptions from the earlv convevances and mortgages. These plots were grad- 



84 

ually fitted together, like an immense puzzle, eventuall}' forming a complete farm 
map, showing not only the present or most recent lines but all farm lines as have 
ever existed from the earliest settlement. Not only are all farm lines shown but 
also references are given to the libers and pages in which the instruments are 
recorded, together with the dates and names of the parties ; and wherever pos- 
sible the exact extent of each conveyance has been indicated by a suitable sys- 
tem of coloring. In this manner chains of titles of conveyances have been shown 
upon these plans down to the time the farms were cut up into lots. An illustra- 
tion of one of these plans, which were known as Farm Plans, appears on page 
85. 

In early times, before the present system of streets had been adopted, owners 
of farms or tracts of land who desired to cut their property up into building lots 
would lay out a system of streets and lots to suit their own convenience and file 
maps of their land. Many farms were cut up in this manner until in order to 
avoid the hopeless confusion to which this would ultimately lead, a uniform sys- 
tem of streets was adopted. Many of the lots on these maps were sold, and, in 
some cases streets were opened on the ground and buildings were erected. Many 
other streets were never opened but only existed on paper. 

In order to show the relative position of these old streets with the present 
uniform system, it became necessary to construct another series of plans, called 
Working Plans, upon which were laid down all old maps showing a system of 
streets different from the present system, indicating the old streets and lot lines 
in red, thus enabling all conveyances of lots on these maps to be easily located 
on the block system. 

In some cases the changes in streets have been so numerous as to make it im- 
possible to put all the information on one working plan, and therefore, it has been 
necessary to construct from one to four additional plans in order that the infor- 
mation might be legible and intelligible. Page 87 shows a small section of a 
working plan. 

In all about 650 preliminary Commissioners' Sheets have been constructed ; 
!)7 Working Plans have been, made on which are laid down 374 filed maps. 

The Commissioners' Sheets are nearly all of uniform size, 24 by 36 inches, 
and made to a scale of 100 feet to 1 inch. The working plans are drawn to the 
same scale but vary in size according to the size of the old maps shown thereon. 
The total area of these plans, if placed side by side, would equal about four 
thousand five hundred (4,500) square feet. 

Upon these Commissioners' Sheets have been laid down about 3,400 filed 
maps from the Register's and County Clerk's offices and from other reliable 
sources. Upon the Farm Plans have been shown nearly forty thousand references 
to deeds and mortgages. 

These plans have been drawn with the utmost care. Special endeavor has 
been made to show on these sheets in compact form all infomiation relating to 
streets, maps, water lines, bulkhead and pier lines, as well as farm titles, and in 
fact any information which could be of aid in any way to searchers, lawyers, sur- 
veyors,' or the public at large. 

Abstracts have been made of all laws of the State of New York from the 
Colonial period to date which in any way affect lands and streets in Kings County. 
In this connection there has also been examined all the minutes of the Boards 
of Aldermen and Supervisors. 

In connection with this work a card index of streets has been prepared show- 
ing street openings, change of lines, change of names, etc. This is being extended 
from time to time as additional information is obtained. 




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PLAN 

SHOWING PART OF 

FIRST DIVISION of NEW UTRECHT WOODLANDS 

LAID DOWN UPON 

THE PRESENT SYSTEM of STREETS 

SURVEYED AND ALLOTTED ITI9 



PART OF THE COMMON LANDS OF THE TOWN OF NEW UTRECHT. 



91 

COMMON LANDS. 

One of the questions which confronted this Department under the reindexing 
act was that of Common Lands. There were in each of the former towns of 
Kings County extensive tracts of hnui which liad been acquired on behalf of the 
towns either by purchase from the native Indian proprietors or other individuals 
or by grants from the ditf'erent Colonial Governors. 

These lands were known as commons and consisted of pasturage for their 
cattle, woodlands and meadows, and were used in early times by all of the free- 
holders of the town as common lands. At later periods these common lands were 
laid out in parcels by the freeholders and were allotted to, and became the prop- 
erty of individuals, and were appurtenant to their homesteads. 

In our ancient ( and in fact in some modern) deeds one mav read the follow- 
ing : 

" together with all houses * * * meadows, waters and other immuni- 
ties, libertys, priviledges and appurtenances thereunto belonging" (L. 2, Cons., 
p. 2). 

" with the Priviledg off the undivided land and Premises ni the Common 
Woods" (L. 2, Cons., p. 1). 

"Together with the proporcon of meadows thereunto belonging" (L. 2., 
Cons., p. 11). 

" with all the priviledges & appurtenances both of uplands & meadow & com- 
monage that is thereunto belonging" (L. 2, Cons., p. 27). 

" and all previledges and every part and parcel thereof * * * thereunto 
belonging and appertaining" (L. 2, Cons., p. 39). 

" as also all the rights and priviledge that the said Gerrett now has and of 
right enjoyed in the Common Woodlands " (L. 3, Cons., p. 51). 

" together with all * * * profitts, rights and privileges in the Common 
Woodlands of the town of Broockland * * * to the said piece or parcel 
of land belonging or in any wise appertaining" (L. 3, Cons., p. 79). 

In all of the foregoing deeds it was undoubtedly the intention of the grantor 
to convey his rights or a part of his rights in the Common Lands of the town, 
and it became necessary to ascertain just what land was held by each town as 
Common Land, when it was acquired, and how and when it was disposed of. 

An illustration of one of these original allotments appears on page 90. 

OLD ROADS. 

A careful study of the old roads in the county has been made not only for 
the purpose of determining their correct location upon the present system of 
streets, but also to settle the question as to their origin, i. e., whether under the 
Dutch or English form of government. This latter question at the present time 
is one of much importance. By the law of England the fee in the soil of a high- 
way is in the adjoining owner; the public have an easement only. In the case 
of highways laid out prior to the evacuation of the Colony of New Netherland 
by the Dutch on September G, 1GG4. a different conditions arises. It is generally 
conceded that the fee to the land occupied by roads laid out and used by the 
Dutch during their sovereignty here was vested in the Dutch Government and 
unless released is now owned by the successors of the Dutch Govennnent. 

There are many sides to the question of old roads but this is believed to be 
a general outline of the subject. Eighty-eight old roads have been investigated 
and carefullv located, diagrams of each having been made, showing the blocks 
affected, and all the information obtained from a careful search of the old town 
and county records tabulated. 

The roads so far investigated affect three thousand one hundred and mnety- 
eight (3,198) blocks on the Land Map and have a total length of one hundred and 
seventy-three (173) miles. 



92 

FRANCHISES (RAILROADS). 

An examination of the conveyances and mortgages e:>ecuted at different 
times by the railroad companies of their road beds in this county disclosed that, 
in addition to conveying or mortgaging, the railroad actually constructed these 
papers, also conveyed or mortgaged all franchises or rights which had been 
granted to the different companies. 

In order that these papers might be properly located, it was necessary to 
compile all possible data as to the dift'erent railroads, their organization, charter, 
consolidations, sales and franchises ; examining in this connection all reports of 
the State Engineer prior to 18S4, the Reports of the Railroad Commissioners 
from 18S4 to date, all Minutes of the Boards of Aldermen and Supervisors, all 
Session Laws and the records of the former towns of this county. 

During the course of this work there was constructed maps which show the 
route of all railroads constructed, all filed maps of railroads, together with all 
franchises granted either by the local authorities or by special acts of the Legisla- 
ture, and as far as possible there were also shown all contemplated roads. 

During the 19th Century, there were chartered or incorporated 247 separate 
railroads located in Kings County. While many of these railroads were never 
operated, and in fact some had no more than an existence on paper, the three 
companies now operating in this county (the Brooklyn Rapid Transit, the Long 
Island and the Coney Island and Brooklyn Railroad Company) are made up by 
the consolidation or leasing of over 137 separate companies. 

That the different railroad companies, the Public Service Commission, the 
Bureau of Franchises and other departments appreciate the value of this work 
is best evidenced by the frequency with which they consult these records. 

This work has disclosed a condition in connection with railroad franchises 
that should interest every member of the legal fraternity and every dealer in real 
estate. 

Under the present law franchises are not recorded, and there is no way in 
which a searcher may ascertain if a railroad has a franchise through the street 
in front of the property being searched. In fact the question of franchises never 
arises in connection with the transfer of real estate. It would seem, however, 
that a person buying property for residential purposes should know whether a 
franchise has been granted in front of his contemplated home. 

It has been suggested that a law should be passed requiring that all fran- 
chises be recorded in the office of the Register, and indexed against all blocks in 
front of which the contemplated railroad passes, thus giving notice to all pur- 
chasers. 

RELEASES OF MORTGAGES. 

Section 23 of Chapter 365 of the Laws of 1894, provided that " releases from 
mortgages which have been satisfied " should not be indexed on the block system. 

On the original distribution of Conveyance Abstracts, there were found 
17,961 abstracts of this class. These it became necessary to examine in connec- 
tion with original mortgage to determine if the mortgage was properly satisfied. 
This examination disclosed the fact that 16,303 of these papers were releases of 
mortgages which had been properly satisfied; while the balance, 1,389, were re- 
leases of mortgages which were open of record and they were therefore located 
and indexed on the Block Indexes. 

LEASES. 

Another class of papers which the Law of 1894 provided should not be in-^ 
dexed on the Block System were " leases which by their terms have expired. 
The original distribution disclosed 10.455 leases or assignments of leases which 



93 

hX^'^*''''""".'^''""- ?'^.P0S'"g of these abstracts required, because of their in- 
dehnite description or designation of the real property, many lengdw searches 

Rlii c: ?^* numbers were changed trom time to time, their location on the 

fhmid t'h rr ^11" T''f- ^"^'-""''- , "^'^^ ^"^^ examination of these papers 
showed that 6,539 referred to or were leases which by their terms had expired 
the balance, 4,00o, were located and indexed. expirea, 

MISCELLANEOUS CONVEYANCES. 

As the caption implies, these abstracts were of a miscellaneous character 
I he original distribution disclosed 14,333 papers of this class. Many of these 
papers were assignments of judgments of foreclosure and read as follows • " Sell 
assign and set over unto John Doe a certain judgment order of foreclosure and 
sale entered on the 9th day of June, 1856, in the Supreme Court of New York- 
IP, tlie ofhce of the Clerk of the County of Kings, in favor of Richard Doe', 
I'laintitt, against John Brown. Defendant, together with the bond and mort'^acre 
under which said judginent and order to sell was obtained." There was no 
further description of the mortgage and it became necessary to examine the 
judgment roll in the office of the County Clerk in order to ascertain the liber and 
page of the mortgage referred to. Prior to 1844, these judgment rolls were 
tiled in the office of the Clerk of the County of New York. 

The matter of assignments of judgments was only one of many such ques- 
tions as arose in connection with the reindexing. 

Take, for instance, such assignments as read " All my estate and interest, 
right, title, property, claim and demand * * * which was devised and be- 
queathed to me by the Last Will and Testament of Sarah Brown, deceased." 

Assignments of Tax Sales were another troublesome class of papers. In 
one Liber of Conve3'ances there were found 87 of these assignments following 
each other which read " sell and assign the within or foregoing declaration of 
sale." There is no declaration of sale either preceding or following these papers. 
They are all made by the same grantor to the same grantee. 

The following is another example of indefinite papers : Koert DeBevoise 
conveys to David Herring (186 C. P., 133) Oct. 19, 1848, "one acre of the farm 
in Bushwick. The said land is not yet in my possession but the same being de- 
vised to me by will of my grandfather to be mine after my mother's death ; there- 
fore it is only an expectant estate hereby conveyed — said Herring may select said 
acre himself." Here was a case of a man conveying something he did not own. 
Search disclosed the fact that the grandfather of Koert DeBevoise by will gives 
all his estate to his daughter Maria, the wife of Gabriel DeBevoise in fee (she 
was the mother of Koert). 

Koert DeBevoise. the party of the first part, in this conveyance, died some- 
time prior to 1855, at which time he was seized of no property which in any way 
came from his grandfather, his mother, Maria, being alive at the time of his 
death. 

General Assignments were still another class of abstracts that required a 
great deal of searching before they were finally properly located. In many of 
these papers the only descri])tion reads as follows: "All my real estate situated 
in the State of New York or elsewhere." 

The following is a list of some of the ditYerent miscellaneous papers recorded 
in the conveyance libers: Assignments and Releases of Judgments, Assignments 
and Releases of Mortgages. Assignments and Releases of Liens, Agreements and 
Assignments of Agreements, Contracts and Assignments of Contracts, Powers of 
Attorney, Assignments for the Benefit of Creditors, Appointments of Assignees, 
Trustees and Receivers, Declarations, Wills, Releases of Legacies. Affidavits, 
Releases of Dower, Tax Sales, and many other of similar character. 



94 

In all these cases the papers are undoubtedly links or important features in 
the Chains of Title and tlie greatest care had to be exercised in order that they 
might be properly located on the Block System. 

Account of Miscellaxeous Abstracts. 

Total number of abstracts to be examined 14,415 

Disposed of by search 11,416 

Balance 2,999 



The balance of 2.999 is of so general and indefinite a character that it was 
found impossible to locate them for indexing on the Block System, therefore 
a special alphabetical index has been prepared and these papers have been in- 
dexed under the vowel system. This index is in two volumes, one for the gran- 
tors in which there are 4,108 entries, the other for grantees with 3,669 entries. 

The following schedule shows the number of abstracts which have been in- 
dexed in the Temporary Block Index, together with the number of blocks on 
which they were entered. 

Indexing. Schedule. 



ToA-n. 

' Brooklyn 

New Utrecht. 
New Lots .... 

Conveyances ■( Flatbush 

Gravesend. . . . 

Flatlands 

iliscellaneous. 

Mortgages 

Total 



Blocks. 



INames. 



Volume* 
of Index. 



.428,3«6 
:12,684 
32,911 
12,695 
6,947 
3,797 
9,375 

506,795 
179,720 

686,5 1'5 



7.?7,818* 
21,913 
51.904 
30,827 
32,016 
54,549 

143,420 



1,072,447 
1,177,104 



2,1249,551 



1,645,413* 

55,876 

12«,e59 

82,644 

89,992 

154,914 

415,360* 

2.572,458 
3,455,655 



441 
61 
37 
26 
29 
45 



639 
206 



845 



Estimated. 



:\IORTGAGES. 



Section 23 of Chapter 36.5 of the Laws of 1894 required the Register to index 
in the Block Indexes " All conveyances, mortgages and other instruments which 
were recorded or filed in the office of said Register, prior to the first day of 
January, Eighteen hundred and ninety-five, except executory contracts for the 
sale of land, mortgages satisfied of record, satisfaction of mortgages, releases 
from mortgages, ichich hare been satisfied, and leases tchich by their terms, have 
expired." 

This section of the law which excepted " mortgages satisfied of record " from 
being Block Indexed necessitated that this class of papers be handled in a some- 
what dififerent manner than were the conveyances. When mortgages were orig- 
inally abstracted if the record had been marked canceled by the Register, no ab- 
stract was taken of the property so mortgaged, but the abstract was marked 
" Discharged " and the date and liber and page of the cancellation were noted. 

The Locating Department in separating mortgage abstracts first divided them 
in seven classes. 

1. All mortgages discharged of record upon which there were no assign- 
ments or other marginal references. 

2. All open mortgages upon which there were no assignments or other mar- 
ginal references. 

3. All open mortgages upon which there were assignments. 

4. Discharged mortgages upon which assignments were noted. 



95 

5. Statutory foreclosures. 
G. -Miscellaneous. 
"i. Assignments. 

The assignments and different papers relating to the mortgages could not 
be located wuhout reterence to the original abstract of the mortgage, it therefore 
became necessary that all papers relating to the mortgage should be carried back 
and attached thereto. 

It was also necessary to have all papers relating to a canceled mortgage at- 
tached to the abstract in order to determine if the original mnrtgage was properly 
canceled. » i i / 

These assignments, assign from 1 to l.")0 different mortgages all of which 
had to be examined: many of these assignments give no reference to the mort- 
gage assigned, except as to its date. In cases of this kind it was necessary to 
inake a search to ascertain the liber and page of the mortgage to which they re- 
ferred. The original mortgage abstract with the papers aUached became known 
as a chain of title and before being located were given a critical examination in 
order that any missing links or errors might be detected and where the chain 
of title was not complete by reason of an assignment being missing, or for any 
other reason, it was necessary to make a search to ascertain if such assignment 
or other paper had been recorded. After this examination was completed these 
•chains of title were distributed according to locality and then followed the usual 
course of locating and indexing. 

In the case of the discharged mortgages, after all jiapers had been attached 
to the original mortgage abstract, forming chains of title, these papers were ex- 
amined to determine whether the chain of title was complete and, after examina- 
tion of the Certificate of Cancellations or Satisfaction Pieces, whether the mort- 
gage was properly canceled. 

Many apparent breaks in these chains of title were caused by assignments 
being recorded by mistake in the Conveyance Libers instead of in the Mortgage 
Libers. 

Before making the examination to determine if the mortgage was properly 
canceled it was necessary to abstract all certificates of cancellations. Abstracts 
were made of 230,531 papers. This abstracting and examination disclosed that 
1,88() of these certificates had never been recorded in their proper libers although 
duly filed and the mortgage to which they referred properly marked canceled. 
Thirty-two of these certificates canceled mortgages which were apparently open 
of record. In ten instances, although the certificate was properly filed and re- 
corded, the Register failed to mark the original mortgage as being discharged. 

In abstracting the certificates of cancellations it was found in many in- 
stances that the record was inaccurate and incomplete. In many cases the record 
was not a complete copy of the certificate, as filed, but careless and insufficient 
extracts of them. This necessitated the comparing of the original certificates 
with the record. 

In several instances. Certificates of Cancellations were filed to cancel the 
mortgages which had never been recorded. When a doubt arose as to the 
validitv of a Certificate of Cancellation, the mortgage and all accompanying papers 
were located and indexed and a marginal reference made to the record of cancel- 
lation. 

The following schedule shows the different classes of papers recorded in the 
mortgage libers and the disposition made thereof: 

Total number of Abstracts of Mortgages 484,0.51 

Mortgages which appeared discharged 240.049 

Abstracts which required examination 238,002 



96 
Total Number of Mortgage Abstracts, 484,051. 

To the" 



New 
Total. Jjocated. .Cancelled. Abst's. 



Discharged— no references ^V-Vi J^- 191,112 

Open — no references 59,525 59,52o • - • • 

Open— with references 29,763 29,763 V,-;;i "ii 

Discharged — with references 54,»7S 199 54,6^s '» 

Statutory Foreclosures 829 ^^^i n. ,-yn jii% 

Miscellaneous •''■I.SIO IClf? ?1'H5 , wa 

Assignments 113,075 33,285 76,666 1.124 

484,051 135,854 346,579 1,618 

Distrilbution of 1,618 new a,bstraots 810 521 ^87 

484,051 136,664 347,100 287 

Mortgages transferred from Canceled to Locate ^ „ 

Account 43,038 43,038 



484,051 179,702 304,062 287 



In other words there were 179,702 open papers recorded in the mortgage 
libers which it became necessary to locate. These papers affected about 1,177,104 
blocks and in the indexing thereof .3,455,6.55 names were entered. 

In the year 1901, the then Commissioner of Records expressed himself as 
follows : " That all mortgages should be indexed, whether discharged or still 
alive, for the reason that it is no part of the duty of the Commissioner of Rec- 
ords to pass upon the legality of discharges, if in proper form, and that there is 
no guarantee by the government, or any one else, that the discharges are legal 
or genuine. Hence, under the present system, it should be left to the decision 
of the examiner of title as to whether a mortgage is, in fact, legally discharged 
or not, and the omission of discharged mortgages from the Block Indices will 
require, by every careful examiner of title, a search of the lexicographical index 
of discharged mortgages, in addition to the examination of the Block Indices, 
doing away very largely with the usefulness of the Block Index. It is, however, 
the duty of the Commissioner of Records to index on the Block System the undis- 
charged mortgages as that is the express direction of the statute, and, unless the 
law is amended, it is only the undischarged mortgages that can be put- on the 
Block Index." 

Following the foregoing suggestion it was enacted by Chapter 171 of the 
Laws of 1904 : " It shall be the further duty of said Commissioner of Records 
to reindex in separate block indexes all mortgages satisfied prior to January first, 
eighteen hundred and ninety-five, and upon the block indexes now completed or 
in process of completion by the present Commissioner of Records, all mortgages 
unsatisfied of record or satisfied subsequent to January first, eighteen hundred 
and ninety-five, or he may consolidate and include all mortgages recorded prior 
to January first, eighteen hundred and ninety-five, whether satisfied or unsatis- 
fied, in the permanent block indexes, as he may deem most advisable. When 
put in permanent form and before depositing the said block indexes of mortgages 
in said register's office the Commissioner shall note upon the margin of said block 
indexes of mortgages, following the index of each mortgage, respectively, all sat- 
isfactions filed prior to January first, nineteen hundred and four, and shall cause 
all satisfactions thereafter filed to be so noted upon the margin of sucii indexes 
from time to time as the same are filed." 

This amendment makes it necessary to re-abstract the ."lOi.OGS abstracts shown 
as canceled in the foregoing schedule. Of these, there have been re-abstracted 
to Januan,- 1, 1910, 75.842. contained in 495 libers, leaving a balance of 228,220 
abstracts, contained in 2,100 libers to be re-abstracted, located and indexed. 



97 

COUNTY CLERK. 

The method of reindexnig in the office of the County Clerk differed from 
that employed in the office of the Register. 

It was provided hy Chapter ;)65 of the Laws of 1894, Section 21 : " The 
Clerk of the County of Kings shall cause to be prepared, suitable books for the 
reindexing therein of all statutory notices of liens and claims upon land which 
shall have been filed or recorded in the office of the said County Clerk for .such 
period prior to the passage of this act, as said County Clerk shall determine, and 
said County Clerk shall thereupon cause all such liens to be reindexed in such 
books accordingly. The said County Clerk shall, when possible, reindex said 
instrumuents and liens in this section mentioned upon the plan of block indexing 
herein provided for, and under the respective sections and blocks on the said 
land * in which the land lies affected by such liens and instruments. 
The index books -by this section directed to be prepared, shall be suitably endorsed 
and designated as Block Indexes of Reindexed Liens, the endorsements specify- 
ing the kind of Liens reindexed in each index book. 

" Sec. 25. Notices of Lis Pendens shall be reindexed only against the 
name of the first plaintiff" and the name of the first defendant mentioned in the 
notice, and in case of an action for the foreclosure of a mortgage, it shall appear 
by an index of such mortgage, or on the margin of f thereof, that such 
mortgage has been satisfied and discharged of record, or such action has been 
discontinued without judgment, then in such case the notice of the pendency of 
such action, which may have been filed, shall not be reindexed, under the pro- 
visions of this act, and no lien shall be reindexed which appears to have been 
satisfied and discharged by an entry to that effect on the margin of the present 
index, or of the record of the instrument, or by other record evidence brought 
to the notice of said County Clerk or Register. In cases in which mortgages 
have been foreclosed, and decrees of foreclosure have been entered, said Register 
may, in his discretion, enter on the margin of the record of the mortgage fore- 
closed the fact of such foreclosure and the date of the decree. 

"Sec. 26. If, in the opinion of such Register or County Clerk, it shall, m 
particular cases, be impracticable by reason of the uncertainty of descriptions 
or otherwise, or it shall appear to e'ither of them, for any reason, not advisable 
to index or reindex some of the instruments and notices of liens by the act directed 
to be reindexed upon the plan hereinbefore mentioned with reference thereto, said 
Register or Countv Clerk mav, in his discretion, in such cases, as to such instru- 
ments and notices', adopt and carrv out another plan of indexing or reindexing 
which he shall think best, in order to simplify reference to such instruments and 
notices and their use as public records." 

Notices of Pendency of Actions. 

On the 31st of December, 1894, there were in the office of the County Clerk 
153 volumes of Notices of Pendency of Actions which were to be reindexed. In 
these 152 volumes there had been recorded 55,77G separate actions each of which 
were abstracted as were the conveyances and mortgages. The abstract made in 
this case however, contained the date on which the paper was filed, the hber and 
pao-e of the record, the nature of the action, the court in which the action was 
commenced the names of the plaintiff, the name of the first defendant, and a 
description of the propertv. These abstracts were later compared with the orig- 
inal Notices of Pendency of Actions which comparison disclosed so many errors 
and omissions that, in order that the Block Indexes mi^ht be as nearly accurate 

* So in original (the word nvip omilted). 
t So in original. 



98 

as possible, new abstracts were made from the original notices. These abstracts 
were later located and indexed in temporary block indexes. 

Sheriffs' Certificates of Sale. 

There were 1,95-i of these papers filed prior to December 31, 1891, which 
have been abstracted, located and indexed in temporary block indexes. In aD- 
stracting, record was made of the tiling date, the liber and page of the record, 
the party to whom sold, the name of the plaintiffs and defendants, a record of any 
redemption, assignment or cancellation, together with a description of the prop- 
erty sold. 

Foreclosures by Advertisement. 

The abstracts of this class of papers contained the filing date, the liber and 
page, the mortgagors, the mortgagees, the liber and page of the original mortgage, 
the liber and page of any assignment of the mortgage, a description of the prop- 
erty affected, a record of the liber and page of the sale, and a record of any re- 
demption. There were G41 of tiiese papers which have been temporarily bliDck 
indexed on 2,037' blocks. 

Chapter ITl of the Laws of 190-1 materially changed the manner of indexing 
Notices of Pendency of Actions, as is shown by the following extract from said 
law : " From and after his entry into office, the said Commissioner of Records 
shall carry on, continue and complete in pemianent fonn, the reindexing of con- 
veyances, mortgages and other instruments relating to lands and liens thereon 
in the County of Kings, in block indexes, in the manner provided by law in force 
at the time of the passage of this act, the said Commissioner of Records assum- 
ing the duties with respect to said reindexing in the Register's and County Clerk's 
offices of the County of Kings, and now devolved by law upon the present Com- 
missioner of Records. * * * The said Commissioner of Records shall re- 
index in the block system of indexing of notices of pendency of actions, in the 
office of the County Clerk of the County of Kings, the name or names of all 
defendants requested to be indexed in said notices respectively, at the time of 
filing thereof, in addition to that of the first named defendant under which said 
notices are now only indexed, and shall continue the same to and until January 
first, nineteen hundred and five." 

Since the passage of this act. the employees of this office have been engaged 
in abstracting on information sheets the names of the additional defendants as 
required by this act. In addition to the 55,7 Tfi abstracts made of actions filed 
prior to January 1, 1895, it is estimated that under this law about 45,000 addi- 
tional abstracts will be necessary to carry the records to January 1, 1905. In 
connection with this w.ork. information sheets are made which, in addition to 
giving the information as hereinbefore set forth, give the names of the addi- 
tional defendants as required by the Laws of 1904, together with a record of 
the liber and page of the actions as indexed in the Clerk's Minutes, the year 
and file number of action, a record of the liber and page of the mortgage and 
convevance, the date of the Judgment, filing date of Referee's Report, filing 
date of Referee's or Sheriff's Report of sale, and record of a discontinuance or 
cancellation. 

In order to determine if a notice of pendency of action was canceled, it was 
necessary to examine all the papers in the different actions; 38,148 orders can- 
celling these notices have been examined. 



99 

The condition of this work is as follows: 

Xotices of Pendency of Actions prior to 1895 55,776 

Notices of Pendency of Actions, 1895 to 1905 45,000 

Total ioo,:rfi 

Infoi-niatimi sheets made to date 92,1 5(5 

Balance to make 8,G20 



In addition to this there are the records of the minor liens such as Home- 
stead Exemptions, Mortgages to Loan Commissioners, etc. 

The foregoing is but a brief outline of the work in connection with the 
records of the County Clerk's Office. 

All of the temporary block indexes mentioned in this report (which are sub- 
ject to correction) are in use by the public. 

PERMANENT PLANT. 

Chapter 171 of the Laws of 1904, provides * * * " L'pon the comple- 
tion of the reindexing of records in the county clerk's and register's offices, upon 
the block system, as herein provided, the commissioner of records shall put his 
reindexing plant in proper and permanent form for its care and preservation for 
public use in his ofHce, and is hereby authorized to arrano;e and bind in book, 
portfolio, or other pemianent form, all the abstracts of conveyances, mortgages 
and other instruments relating to lands and liens thereon, which have been made 
in connection with, or for the purpose of the reindexing on the block system, 
and also maps, working plans and commissioners' sheets, upon which arc delin- 
eated lands in the county of Kings, which have been prepared and used in the 
office of the commissioner of records, in connection with, or for the purpose of 
reindexing on the block system ; and may make such copies of said abstracts, 
maps, working plans and commissioners' sheets as he shall deem necessary for 
public use ; and the same, and the originals thereof, shall be deemed to be the 
public records, and shall, after the completion of the said reindexing on the block 
system, be public records, and shall be open to the use of the jniblic in his 
office and under such rules and regulations as the commissioner shall prescribe." 
* * * 

There have been prepared 85 permanent commissioners' sheets, a descrip- 
tion of which is contained on page 83, all locations on which have been reviewed 
and to which have been added such additional information as has been received 
bv this office up to the present time. 

Preliminary to permanent indexing and the preparation of the permanent 
plant a great deal of review work has been done. Sketch plans have been com- 
pleted covering most of the first twenty-five wards of the old City of linxiklyn ; 
chains of title have been worked out for each farm, woodlot and meadow and 
subdivision thereof. These chains of title include references to many wills and 
unrecorded deeds. Endeavor has been tnade to show, wherever possible, the 
original source of title, tracing it down to the present time. 

The work on the permanent plant, it will be appreciated, is yet in its infancy. 
When this work is completed, however, the County of Kings will have the most 
complete svstem of records relating to real estate of any county in the State, 
if not in the world. It will then be possible for any person of ordinary intelli- 
gence, with the assistance of the Commissioner of Records' permanent plant, to 
search the title of a parcel of land in a very few bours. 



100 

NEW LAND MAP. 

Section 2 of Chapter 365 of the Laws of 1894, provided " the Register of the 
County of Kings is hereby authorized and directed to prepare a map of said 
county, on which shall be shown and delineated all the streets, avenues, roads, 
boulevards, parkways and water-fronts of said county, and also all blocks or 
parcels of land bounded by said streets, avenues, roads, boulevards, parkways 
and water-fronts * * *" 

Section 15 of said act provided " whenever, after the making of said Land 
Map, any new or additional blocks of land shall be formed * * * by the 
opening or closing of any street, avenue, road, boulevard or parkway, or other- 
wise, it shall be the duty of the said Register * * * to cause new maps of 
such new or additional blocks to be made, and such new or additional blocks to 
be numbered * * * and to certify such new maps and file them * * * 
and on and after the first day of January next succeeding the making and filing 
of any such new maps * * * ^ saj^j niaps, so filed as aforesaid, shall con- 
stitute a part of the Land Map of said county * * *_ fi^g numbers and 
boundaries of blocks and sections shall not be changed except as in this section 
provided." 

The register as required by Section 2 caused the original Land Map to be 
prepared. While this work was faulty in many instances, oftimes omitting 
streets and avenues which should have been shown and in other cases showing 
streets and avenues for which there was no authority, the fact must be borne in 
mind that the Register had less than six months in which to prepare this map, 
and in this short time there could be little or no investigation as to the authority 
for the different streets, avenues, etc. The basis for this original Land ]\Iap was 
the Town Survey in the county towns and the Commissioners' Map in the old 
city of Brooklyn. 

The following schedule shows the changes made in the original Land Map 
prior to January 1, 1910. 

/Number of NuiribeT of 
Year. Niuraber of Blocks New BTjocks 

Changes. Changed. Created. 

1895 

1896 

1897 

1901 

1902 

1906 

1907 

1908 

59 475 441 

t ^ 

Chapter 344 of the Laws of 1909 amended Section 15 of Chapter 365 of 
the Laws of 1S94 to read as follows: 

" Sec. 15. Whenever, after the making of said Land Map, any new or addi- 
tional blocks of land shall be formed * * * by the opening or closing of any 
street, avenue, road, boulevard or parkway, or otherwise, it shall be the duty of 
the said Register of the County of Kings to cause new maps of such new or ad- 
ditional blocks to be made, and such new or additional blocks to 
be numbered on said map, with block numbers following in consec- 
utive order the highest block number on the maps or block indexes imme- 
diately previous thereto or by some other proper designation and to certify such 
new maps and file them * * * on and after the first day of January next 
succeeding the making and filing of any such new maps, * * * said maps, 
so filed as aforesaid, shall constitute a part of the Land Map of said County, 
* * * fhe numbers and boundaries of blocks and sections shall not be changed 
except as in this section provided. *Diiring the year Xiiicfccn hundred and ten 

* Remainder .of section new. 



1 


1 


7 


2 


75 


11 


6 


56 


37 


1 


24 


25 


1 


12 


1 


22 


153 


143 


12 


99 


144 


14 


55 


73 



101 

and during each tcntli year thereafter, it shall be the duty of the Register of 
the County of Kings to cause to be made a new Land Map of the County of 
Kings, which said map shall be tiled in the Office of the Register of said County 
and shall take cii'ect on the first day of January of the year next succeeding the 
year in which it is prepared. Said map shall be a copy of the Land ^fap of the 
County of Kings then on file, including all additions to and changes in said Land 
Map, which have been previously tiled, together with the additions or changes 
intended to be filed on the date of the tiling of said new map, and shall thereafter 
be known as the Land Map of the County of Kings and shall become a public 
record ; and every provision of this Chapter so far as the same may be applicable 
thereto shall apply to said new map with the same force and effect as though 
said map were prepared under the provisions of Section 3 hereof. The Land 
Map previously in use shall remain on file for the purpose of reference. It shall 
be the duty of the Coininissioiicr of Records of the County of Kings, to cause to 
be prepared and delivered to said Register such draining or draxviiigs as said 
Register may require, for the purpose of carrying into effect the provisions of 
this section." 

It was deemed advisable in the preparation of this new Land Map to inves- 
tigate all streets, avenues, roads, etc., shown on the old Land Map so that the 
errors of that map might not appear on the new one. This work will require 
the services of from seven to eight men for about one year. All streets, avenues, 
roads, etc., will be investigated as to their origin, or any change in their lines or 
names. Every map of record in the County of Kings has been examined, also 
many of those on file in the County of Queens in order that the location of cer- 
tain lines might be detemiined. There has also been utilized many public maps 
that are not of record, notably those of the United States Coast Survey, the 
Finance and Dock Departments, Bureau of Highways and the Topographical 
Bureau. . . 

In the investigating of bulkhead, coast and shore lines, especially in Graves- 
end and Jamaica Bays, it was found that the old Land j\Iap differed materially 
from existing conditions. As an illustration of the changes made by this in- 
vestigation, the line of Spring Creek, which is the dividing line between Kings 
and Queens County, was actually found to be at least five hundred (500) feet 
to the" east of its location on the old map. 

While the actual work of copying the old Land Map requires but little time, 
the investigation of the different streets is another matter and consumes a great 
deal of time. 

The act of 1909 provides that the Register cause a new Land -Map to be 
made. The same act provides that it shall be the duty of the Commissioner of 
Records to prepare such drawings as mav be required. In other words, the office 
of the Commissioner of Records does all the actual work in connection with this 
new map and the Register certifies the result. 

The magnitude of the work upon which this office is engaged is only, to a 
slight degree, set forth in the foregoing memoranda. • , . 

The necessity for accurate records affecting title to real property is beyond 

'^""? description of the mass of detail involved and of the precaution.s taken to 
insure the accuracy of said records would entail an explanation that, while inter- 
esting, would be too voluminous for present purposes. 

The invaluable assistance rendered the public, through the medium of our 
Temporary Block Indexes, proves, beyond doubt, the usefulness o this system 
representing alone in the reindexing of conveyances, approximately, -^^'^-OOO 
entries, and in the reindexing of mortgages the total entries will exceed this 

"'""The importance of the work of arrangement, care and preservation of records 
cannot be too strongly emphasized. 



102 

APPENDIX " A." 

COMMISSIONERS OF RECORDS OF KINGS COUNTY. 

UxDER Chapter 190, Laws of 1856, feom 1S5G to June 1, 1896. 

Henry A. Moore — Resigned. 

John 'p. Rolfe— Died January 18, 1895. 

jared Sparks, Died October 22, 1868. 

John A. Lett— Resigned May 3, 1865. 

Tunis G. Bergen — Appointed ^lav 3, 1865 ; died 1881. 

Abraham Lott — Appointed February 2, 1869 ; died 1889. 

Chas. W. Churcli — Appointed May o, 1881 ; resigned July 1, 1895. 

M. E. Finnegan — Appointed Tanuarv 24, 1889. 

John -AI. Rider. 

Henry N. Meeker — Appointed July 29, 1895. 

Under Chapter 755, Laws of 1896, from June 1, 1896, to M.\y 25, 1899. 

Henrv N. Meeker. 
John 'M. Rider. 
Henry S. Rasquin. 

Under Ch.\pter 591, Laws of 1899, from M.w 25, 1899, to ]\L\y 25, 1004. 
George E. Waldo. 

Under Chapter 171, Laws of 190-4, from AI.vy 25, 1904, to Dati-:. 

John K. Neal— Appointed May 25, 1904 ; died June 2, 1908. 
Lewis M. Swasey — Appointed August 1, 1908. 



APPENDIX " B." 

Catalogue of Books and AIaps in the Office of the Register of the County 
of Kings Under the Supervision of the Commissioner of Records. 

Conveyances — Libers. 

From 1684 to December 31, 1894 2,276 

F"rom January 1, 1895, to April 30, 1907 915 

From May 1,' 1907, to January 1, 1910 182 

Mortgages — 

From 1755 to December 31, 1894 2,595 

From January 1, 1895, to April 30, 1907 1,369 

From "May 1, 1907, to January 1, 1910 372 

Indexes of Conveyances — 

Grantors from 1684 to December 31, 1894 138 

Grantees from 1684 to December 31, 1894 115 

Grantors from January 1, 1895 to date 94 

Grantees from January 1, 1895, to date 89 

Block Indexes of Conveyances, January 1, 1895 to January 1, 1910. . 299 

Leaf Block Indexes, January 1, 1895,'to January "l, 1910 860 

Ticklers, Current 125 

Daily Blotters 31 



103 

IihIcxcs of Mortgages — Libers 

Mortgagors from 1755 to December 31, 1S94.- 106 

Mortgagees from 1755 to December 31, 1891 . . 106 

Mortgagors, January 1, 1895, to Tanuarv ], 1910 . 10-2 

Mortgagees, Jamiary 1, 1895, to January 1, 1910 92 

Block Indexes of Mortgages, January 1, 1895, to January 1, 1910. . 298 

Leaf Block Indexes, January 1, 1895, to January 1, 1910 860 

Ticklers, Current ' 125 

Daily Blotters 09 

Land Title Registration Department 16 

Mortgage Tax Department 13 

Notary Department 3 

Cancellation of Mortgages from 1830 to January 1. 1910 690 

\\ills from January 1, 1895, to January 1," 1910 . '. 3 

Contracts from January 1, 1895, to January 1, 1910 7 

Powers of Attorney from 1844 to January 1, 1910 17 

Certificates of Corporations from 18G7 to January 1, 1910 1 

General Assignments from January 1, 1895, to January 1. 1910 1 

Miscellaneous Papers from January 1. 1895, to January 1, 1910 3 

Miscellaneous Index from January 1, 1895, to January i, 1910 2 

Miscellaneous Ticklers ( Current ) 6 

Mortgages to Redeem 1 

Conditional Bills of Sale from 1904 to January, 1, 1910 4 

Conditional Bills of Sale from 1904 to January, 1, 1910 1 

Conditional Bills of Sale from 1904 to January, 1, 1910 3 

Chattel Mortgages — New LUreclit. 1850" to 1880 1 

Chattel Mortgages, January 18, 1847, to March 29, 1900 (4 volumes 

missing) 33 

Chattel :\Iortgages, March 30, 1900. to December 31, 1907 34 

Chattel Mortgages. January 1. 1908, to date 40 

Chattel Mortgages, Street Index (not complete), 1902-1910 9 



12,056 



Map Department — 

Recopied and Remounted Maps (volumes) 19 

Land Maps (volumes) 6 

School ^laps ( volumes) 

Grade Crossing Maps (loose — ^to be bound — volumes) 2 

Town Survey (volumes) 3 

Land Maps (in corridor) 

Indexes to Filed ^laps 10 

Filed Maps 2,810 



9 



o 



Catalogue of Books in the Office of the Couxty Clerk of Kixgs Couxxy 
Under the Supervision of the Commissioner of Records. 

Xo. of 
Title. ^^olumes. 

Notices of Pendency of Suits— 1823 to September 23, 1909 269 

Equitv Judgments— Tulv 21, 1848. to August 7, 1908 286 

Mone'v Judgments— February 8, 1892, to December 23, 1907 39 



104 

No. of 
' Title. \'olumes. 

Special Proceedings, Supreme Court (Orders) — November 1, 185.3 to 

August IS, 1909 57 

Special Proceedings, County Court (Orders) — June 1-1, 1841, to March 

8, 1907 20 

Clerks' ]\Iinutes — September, 1849, to December 31, 1895 53 

Clerks' Minutes — January 1, 1896 to date 103 

Clerks' Minutes, Special Procedings^ — January, 1849, to December 31, 

1897 6 

Clerks' Record (City Court) — 1849 to December 31, 1895 28 

Certificate of Incorporations — October 10, 1878, to January 10, 1909. ... 36 

General Assignments, June 3, 1860, to May 13, 1907 13 

Insolvent Assignments — December 3, 1853, to February 2, 1898 4 

Orders Appointing Receivers — April 38, 1863, to date 9 

Sheriffs' Certificates of Sale — February 34, 1831, to date 5 

Records of Aliscellaneous Papers — April 30, 1850, to May 9, 1906 10 

Bonds and Undertakings — May 18, 1887, to date 63 

Block Indexes of Lis Pendens— 1833 to December 31, 1894 131 

Block Indexes of Lis Pendens — January 1, 1895, to date 137 

Lexicographical Indexes of Lis Pendens — 1833 to date 103 

Block Index — IMechaJiics' Liens — 1895 to date 137 

.\lphabetical Index — Mechanics' Liens — 1893 to date 39 

Clerks' Record on Lunacy— 1873 to December 37, 1895 1 

Money Book — 1897 to date 1 

Notice of Foreclosure by Advertisement — June 9, 1857, to date 3 

Judgment and Decree Docket — 1830 to December 31, 1884 91 

Tudgment and Decree Docket — January, 1885, to date 173 

judgment Dockets (City Court J— June 1, 1849, to December 31, 1895. . . 8 

Eighth Ward Improvements — 1897 1 

Court Orders— March 11, 1907, .to date 1 

Mortgages to Loan Commissioner — 1837 to 1876 1 

Title Deeds and Old Records— October 9, 1878, to November 14, 1895. . 1 

Library and Cemetery— 1846 to 1881 1 

County Court Minutes in Equity— August 18, 1847, to July 38, 1848 1 

Supreme Court Minutes in Equity— July 13, 1847. to julv 36, 1867 1 

Court and Road Records— 1668 to 1835 3 

Miscellaneous Incorporations — February 3, 1903, to date 1 

Transfer Tax— April 30, 1892, to date 1 

Transfers and Mortgages of Interests in Decedents' Estates — February, 

1903, to date 1 

City and County Appointments — January 1, 1900, to date 1 

Order Perpetuating Testimonv — August 31, 1905, to date 1 

Coimtv Court Orders— September 15. 1899, to December 31, 1900 1 

Homestead Exemptions — April 31, 1851, to November 31. 1893 1 

County Canvass — December 5, 1900, to date 1 

Clerk's Record, Mutual Life Insurance Co. of N. Y.— 1874 to 1895. . . 1 
Minutes of Special Proceedings (Countv Court) — January 1, 1844, to 

November 14, 1849 '. ." 1 

Minutes of Special Proceedings (Countv Court) — January 3, 1853, 

to March 18. 1855 ' 1 

Record Book of County Bonds — March 30, 18-54, to April, 1883 1 

JNIinutes of General Term- (Supreme Court) — June 35. 1888. to Decem- 
ber 31, ISSS 1 



105 

No. of 
Title. Volumes. 

Certificates of Continued Use of Names of Copartnership — .March C, 

186!), to date 1 

Change of Names — November 9, 18!i(;, to date 6 

Adoptions — November 2, 1890, to date 5 

Religious Corporations — September IS, i:85, to November 17, 189-1 2 

Index — Religious Corporations — September 18, 1785, to November 17, 

1894 1 

Index — Change of Names — 189G to date 1 

Index — Designation for Service of Papers 1 

Indexes — 

Index to Record of Adoptions — 1896 to date 1 

Trade :\Iarks— 1896 to date 1 

Clerks' Records on Lunacy — October 37, 1843, to June 19, 1874 1 

Liens on \'essels — 1855 to date 1 

Assignments of Contracts — 1903 to date 1 

Limited Partnership — 1839 to date 1 

Inventory and Sales of Merchandise — 1903 to date 1 

Inventories and Bonds of Assignees — 1860 to date 1 

Certificates of Business Finns — June, 1900, to date 3 

Corporations — July 18, 1850, to date 2 

Annual Reports of Corporations — 1838 to date 2 

Miscellaneous Records — 1850 to date 3 

Transfers and Mortgages of Interests in Decedents' Estates — Feb- 
ruary, 1903, to date 1 

Undertakings (City Court) — January 9, 1860, to January 39, 1896. 1 

Street Openings, etc. — September 3, 1839, to date 1 

References to Laws Authorizing Openings, etc., of Streets — 1789 

to 1903 1 

Official Bonds — ^January 3, 1880, to date 1 

Incompetents 1 

Monev Book— 1897 to date 1 

Papers Held for Fees— 1884 to date 1 

Foreclosures by Advertisement — June 9, 1857, to date 1 

Insolvent Assignments — January 11, 1811, to February 3, 1898. ... 1 

Orders Appointing Receivers — May 1, 1862, to date 1 

Collectors' Bonds — November 25, 1823. to date 1 

General Assignments — June 3, 1860, to date 1 

Homestead Exemptions — April 31, 1851, to date 1 

Mortgages to Loan Commissioners — 1837 to 1876 1 

Sheriffs' Certificates of Sale— February 34. 1821, to date 1 

Building and Loan Contracts — September 1, 1897, to date 6 

Bonds and Undertakings — 1823 to date 8 

Registry of Agents, Managers or Brokers 3 

Clerks' "Minutes— 1849 to December 31, 1895 18 

Clerks' Minutes— 1896 to date 46 

Clerks' Records (City Court)— 1849 to December 31, 1895 10 

Divorce and Separation Proceedings — 1847 to date 4 

Clerks' Minutes— Special Proceedings— 1849 to December 31, 189? 3 
Declarations of Intentions (Municipal and City Court) — 1823 to 

1895 9 

Declarations of Intentions (Various Courts) — 1821 to 1895 9 

Declarations of Intentions (Citv Court)— 1834 to 1896 2 



No. of 
Title. ' \'oliinies. 

Indexes — 

Declarations of Intentions ( County Court J — 1857 to 1!)015 11 

Naturalizations (Various Courts) — 1715 to 1894 9 

Naturalizations — I'nder Age — 1876 to 1894 2 

Naturalizations ( City Court ) — 1834 to 1896 2 

Naturalizations I County Court) — September, 1856. to August, 19o; 17 

Naturalizations — Cancellation.s — 1904 to date 1 

Final Applications for Citizenshij) (County Court I — l-'cbruarv 26, 

1896, to January 7, 1905 .' ." 3 

Oaths of Allegience— June 15, 1896, to -May in, 1907 1 

Notaries Public — 1879 to date ' 9 

Marriage Records — January 1, 1908, to date 3 

Marriage Records — January 1, 1908, to date 3 

Oaths of Attorneys and Counsellors — 1859 to 1895 3 

Oaths — Commissioners of Deeds — 1859 to date 8 

Oaths of Election Officers — 1875 to date 1 

Oaths of Special Deputy Sheriffs — 1883 to date 2 

Oaths of Notaries Publ'ic— 1908 to date 10 

Certificates of Notaries Public — Other Counties — 1873 to date 3 

Notaries of Public Cash Book 1 

Physicians' and Surgeons' Affidayits — 1901 to date 4 

Register of Physicians and Surgeons — 1880 to date 3 

Dentists' Affidavits—! 895 to date 2 

Register of Dentists — 1879 to date 3 

Veterinary .Surgeons' Affidayits — 1895 to date 1 

Register of \'eterinary Surgeons — 1895 to date 2 

Register of Osteopaths — 1907 to date 1 

Optometry — 1909 to date 1 

Chiropodists' Affidavits — 1895 to date 1 

Register of Chiropodists — 1895 to date 1 

Nurses' Affidavits— 1904 to date 2 

Register of Nurses — 1904 to date 3 

Register of Exempt Firemen — County Towns — 1897 to date 2 

Register of Master Journeymen Horseshoers — 1896 to date 2 

Oaths of Office ( Appointive)— 1906 to date 1 

A'eterans' Peddler's License — July 1, 1908 to date 1 

County A]:)pointment.s — 1838 to 1871 1 

Peddlers' License Stubs— 189G to 1908 2 

Day Book 1 

New Utrecht— Road Record.s— 1704 to 1870 1 

New Utrecht— Town Meetings— 1793 to 1894 2 

New LHrecht — Sewer Commissioners — Bath Beach 1 

New Utrecht— Town Officers' Oaths— 1877 to 1894 2 

Flatlands — Town Meetings — 1783 to 1895 3 

Flatlands— School Districts 1, 2— Minutes— 1844 to 1895 1 

Flatlands — Supervisors' Accounts — 1853 to 1896 1 

Flatlands — Oyster Board and License Board Minutes — 1891 to 1894.. 1 

Flatland.s— Election Inspectors' Reports— 1799 to 1846 1 

Flatbush— Town Board Minutes— 1819 to 1882 2 

Flatbush— School District 3 Tax Lists— 1875 to 1884 3 

Flatbush — Supervisors' Accounts — 1886 to 1894 1 

Flatbush— Justices' Court Minutes — 1887 to 1892 1 

Williamsburgh \'illage Trustees Minutes— 1832 to 1837 1 



lor 

No. of 
Title. \'oluine^. 

Gravesend — Town Kecurds — 1 (i lt> to lG5;i 1 

Gravesend — Town Boaifl Minnies — 18T3 to 1894 :] 

Gravesend — Town .Anditors' Minutes — 187!) to 18U4 1 

Gravesend — Town Records, Deeds, Leases — 1(153 to IGTO 1 

Gravesend — Street Invoice Hook — 1885 to 1886 1 

Gravesend — School District 1 — 185T to 1894 1 

Prospect Park — Extension Maps, A, B, C ;i 

Prospect Park — Assessment Maps, D, E 'Z 

Prospect Park — Assessments Rolls 2 

Prospect Park — Appointments of Commissioners 1 

Prospect Park — Relative to Extensions 1 

Prospect Park — Report of Commissioners 4 

Index to Filed Maps 2 

Preliminary General Inventory of Office, 1901 4 

Preliminary (General Inventor)- of Cellar, 19()-^ 1 

Report, Abstract, Damage and Benefit Maps (Street C)peningsj 239 

Filed Maps 32 

Land Maps 5 

Tickler Index — Notices of Pendency of Suits ( Balance in \'ault ) 14 

Original Notices of Pendency of Suits — 1823 to 1909 656 

Bound Papers in Suits ( Judgment Rolls) 2,525 

Records of Convictions — 18()7 to 1905 1,470 

Minutes — Special Term — Su])reme Court — March 17, 1860, to Decem- 
ber 31, 1894 40 

Minutes — Trial Term — Supreme Court — 1870 to December 17, 1902... 18 

Minutes— General Term— Supreme Court— 1848 to July 26, 1895 10 

Minutes — Oyer and Terminer — Supreme Court — 1870 to December, 

1895 ..' 3 



7,160 

The above records are distributed through the various depart- 
ments of the County Clerk's Office, except in the Old Record Room. 
The books in the Old Record Room are as follows: 

No. of 
Title. A'olumes. 

Declarations of Intentions — County Court 108 

Declarations of Intentions — ( New Series) — Sup. Court 23 

Declarations of Intentions — City Court IG 

Declarations of Intention.^^ — Municipal Court 1 

Declarations of Intention,s — \"arious Courts 133 

Naturalizations — County Court 333 

Naturalizations— (Adults ) — City Court •'5 

Naturalizations — ( Infants) — City Court 1" 

Naturalizations — (New Series) — Supreme Court 1 

Petitions to Become a Citizen — 1S9(1 1 

Stubs — Certificates of Naturalizations - 43 

Miscellaneous Records — ludgment Rolls 133 

Judgment and Decree Dockets— ( I. Series)— 1849 to 1893 128 

Judgment and Decree Dockets— ( II. Series)— 1830 to 1895 189 

Judgment and Decree Dockets— 1885 to 1895 57 

Judgment and Decree Dockets— 1891 to 1900 116 

Judgment and Decree Dockets— 1849 to 1854 1 ' 



lOS 

No. of 
Title. , Volumes. 

Judgment and Decree Dockets — 1890 to 1907 37 

':\Iechanics' Liens— 1893 to 1900 28 

Mechanics' Liens — 1844 to 1894 92 

Index to Clerks' Minutes (Oldest .Set) 10 

Inde.x to Clerks' Minutes 34 

Clerks' Minutes (Old) 53 

Clerks' ]\Jinutes (Paper Covers) 5 

Inde.x to Clerks' Minutes — Special Proceedings 4 

Clerks' Minutes — Special Proceedings 7 

Special Term Minutes — Supreme Court — 1834 to 1909 267 

Special Term Minutes— City Court— 1885 to 1895 53 

Index to Same 1 

Criminal Court Minutes— 1849 to 1855 140 

Trial Term Minutes — Supreme Court 597 

City Court Minutes— 18G9 to 1895 246 

Chambers and Term Minutes 19 

Clerks' Records of City Court 1 

Clerks' IMinutes 1 

Court of Sessions — Minutes — (Kings County) 8 

County Court Minutes 21 

County Court Calendar 1 

Over and Terminer Minutes — 1787 to 1870 5 

Circuit Court Minutes— 1800 to 1895 25 

Index to Circuit Court Minutes— 1872 to 1876 1 

Minutes — Special Proceedings — City Court — 1870 to 1895 4 

Supplementary Proceedings — County Court 1 

Minutes — General Term Supreme Court 4 

Rough Minutes — Kings County Sessions — 1862 to 1865 4 

Rough Minutes — Kings County Session.s — Index 1 

Index County Court — Common Rule 2 

Index Supreme Court — Common Rule 1 

Rough ^Minutes — Supreme Court — Special Temi — 1847 to 1856 5 

Rough Minutes — Common Pleas 1 

Common Pleas— Minutes— 1800 to 1844 3 

Common Pleas — Summons — 1800 1 

Rough Alinutes— 1841 to 1853 10 

Court Minutes— 1848 to 1853 1 

Supreme Court Minutes in Equity 3 

County Court Minutes in Equity— 1847 to 1848 1 

City Court Minutes 2 

Supreme Court Minutes — 1856 1 

Index — Clerk's Record — City Court 1 

Clerks' Record — City Court 7 

Index to Foreclosures by Advertisement — 1857 to 1909 10 

Index to Annual Reports of Corporations — 1870 to 1893 2 

Index to Insolvent Assignments — 1811 to 1894 6 

Indexes — 

Orders Appointing Receivers — 1862 to 1897 8 

General Assignments— 1860 to 1909 6 

Religious Corporations— 1785 to 1849 4 

Insolvent Debtors— 1811 to 1831 1 

Sheriffs' Certificates of Sales— 1821 to 1909 8 



109 

Xo. of 
Title. Volumes. 

Indexes — 

Collectors' Bonds— 1823 to 18!)4 6 

Inventories and Bonds of Assignees — 18G0 to 1893 2 

Mortgages to Loan Commissioners — 1837 to 1846 4 

Homestead Exemptions — 1851 to 1893 3 

Recognizances to Answer 28 

Index — Limited Copartnership — 1892 to 1896 1 

Index — Corporations— 1848 to 1897 and 1850 to 1896 3 

Data Collected for Judgment Corporations — 1885 to 1895 4 

Indexes to Notices of Pendency of Suits — 1823 to 1895 48 

Indexes to Notices of Pendency of Suits— 1833 to 1902 115 

Notices of Pendency of Actions — 1833 to 1898 318 

Notices of Pendency of Actions (Recopied) — 1902 to 1904 17 

Records of Certificates of Joint Stock Company 1 

Jurors' Records 9 

Jury Trial Lists 15 

Jurors— City Court — 1856 to 1890 8 

Grand Turv Minutes 1 

Oaths of Office— 1848 to 1853 3 

Receipt Books. County Clerk's Office 18 

Receipt Books, District Attorney 5 

Money Deposited with County Clerk 4 

Monev Deposited with Countj' Treasurer 1 

Collateral Tax— 1886 to 1893 1 

Constitutional Convention — 1894 1 

Fees Collected— 1871 to 1891 , 1 

Warrants for Collection of Taxes (Sup. Court) 2 

Appeals — Citv Court 2 

Indexes to Decisions— 1906 to 1908 3 

Judgment Books (City Court)— 1855 to 1895 65 

Cases on Appeal 4 

Order Books — City Court 3 

Calendars — City Court 4 

Index of Calendars and Executions — City Court 3 

Index — Countv Appointments— 1871 to 1879 1 

County Appointments— 1871 to 1879 3 

Medical Society— 1874 1 

Notarv Public Certificates 19 

Cash Books— 1864 to 1865 2 

Day Book 1 

Ledgers -^ 

Lottery Licenses , 1 

Expense Book 1 

Stubs of Checks — Atlantic National Bank 1 

Stubs of Checks — Mechanics' Bank 1 

Stubs of Checks— National City Bank 1 

Stubs of Checks — Nassau Bank 1 

Time Book — City Court 1 

Journals '^ 

Diaries— 1866, 1893 and 1894 21 

Minutes — Book of Morning Star Council — 1848 1 

Register of INIuster Roll N. Y. State Volunteers 4 

Kings County Bounty Committee Receipts 1 



nil 

No. of 
Title. \'olumes. 

Fourth Regimeiit Roster 1 

Principals — Receipts for State Bounty 2 

Principals — Receipts for State Bounty — Register 2 

Bounty Committee 2 

Substitute Register 1 

Principals Register 1 

Census Reports— 1820 to 18!)-.' 167 

Census Reports — 190.5 (Loose in 5 Boxes). 

Poll Lists— 1876 to 1887 ' 98 

Index to Poll Lists — 1875, 1884 and 188.5 3 

Election Returns, Copied— 18" to 1902 240 

County Town Ballots— 1890 1 

County Town Canvass 1 

Party Nominations — 189.5 1 

*Record of Adoptions 4 

*Change of Names 4 

^Incorporations .5 

Court and Road Records— 1608 to 1825 2 

Order Book— Alay, 1904, to July 16, 1904 1 

Affidavits and Marriage Licenses — January, 1908, to December .31, 1908 103 



4,541 
Total number of books in Countv Clerk's Office is 11,701. 



* Recopied. 



C.\T.\r.OGUE OF B0OK.S IN THE OfFICE OF THE SuEROG.VTE OF THE CoUNTY OF 

Kings Under the Sitervision of the CoioiissioNER of Records. 

No. of 
Title. \'olumes. 

Wills— Mav Ki, i;87 to November 26, 1909 419 

Letters Testamentary— February 23, 1830, to December 23, 1909 113 

Letters of Administration — June 4, 1787, to Feb. 28, 1910 163 

Letters of Adimnistration — June 19, 1832, to April 13, 1909 11 

Letters of Guardianship — M'ay 14. 1814, to December 11, 1909 47 

Testamentarv Letters of Guardianship — December 15, 1891, to Decem- 
ber 10, ' 1903 1 

Bonds of Administration— July 11, 1827, to March 29, 1910 245 

Bonds of Administration— January 21, 1893, to March 7, 1910 40 

Bonds of Guardianship — October 8, 1830, to November 5, 1909 114 

Bonds of Guardianship— May 31. 1892, to February 14. 1910 26 

Miscellaneous Bonds — Februarv 25, 1896, to ^lay 27, 1909 3 

Decrees of Final Accountings— :\Iay 17, 1831, to' September 15, 1908. . 103 
Transfers of Mortgages of Interest in Decedents" Estates — Tune 15, 

1904, to January 4, 1910 ! 2 

Agreements, Releases and Receipts in Settlement of Estates — Septem- 
ber 4, 1906, to January 4, 1910 3 

Surrogates' Minutes— Janu'arv 11, 1830, to August 28, 1908 41 

Orders of Publication— May '5. 1851, to March 3, 1910 12 

Appointment of .Special Guardian of Judicial Settlement — April 1, 1882, 

to March 3, 1910 ! 5 



1 1 1 

No. of 

Title. \'nlumcs. 

Probate of Wills ami Appointment of Gnardians — Xovember oO, 1>S!)I, 

to -March 8. 1901) 6 

Probate of Heirship — Xovember S, 1880 to date 1 

Renunciation of Executors — February 18, 18;S0, to date 4 

Records of Accounts of Guardians — June 2C>. 18:!:5. to December 30, 

1908 ". 8 

Rejected Wills — l<"ebruary -.'8. ISTO. to date 4 

Real Estate Proceedings— March 22. 1800. to June 4. 1909 9 

Collection Bonds — December 11, 1858, to August 18. 1880 1 

Collateral Tax — June 4, 1891, to September 2(), 189.3 1 

Orders Appointing .Appraisers — March (i, 18(il, to June 21, 188^ 2 

Orders of Letters of .\dministration — May .'i, 18.51. to Mav 10, 1877. . . G 
Proceeding for the Administration of Dower — January 10. IS.'M. to May 

6. 1875 ■ ' 1 

Petitions for Minors ( )\xt 1 I ^'ears — December (i, 1S42. to lanuarv 15, 

1851 ■ ' 1 

Pe'titions for Minors L'nder 14 \'ears — January 1, 184.5, to [anuary 15. 

1831 ■ : " ■ 1 

Proceedings for Probate of Wills — May 1, 1851, to November 21. 1891. Hi 
Orders for Citations of Wills, etc. — May 10. 1851. to September 29, 

1879 ■ 8 

Matter of Final Accountings — February 17, 187(5. to February '■). 1882 1 
Proceedings for Appointment of Guardians — Mav 2, 1851. to Mav 

24, 1867 '. '. 1 

Minutes of Final .Accountings — .May 15, 19tt2, to August 1. 1907 6 

Miscellaneous Orders— June 1, 1882, to March 24, 1884 1 

Surrogates' Alinutes of Miscellaneous Proceedings — January ;?, 190(3 

to date 4 

Letters Testamentary ( Current ) 1 

Ticklers of Wills . . .' 10 

Miscellaneous Tickler 1 

Miscellaneous Orders — January 1. 1899, to September. 190(3 4 

Ex-parte Matters (Current ) 1 

Calendars 20 

Bonds ( Current ) 4 

Tickler of Administration (Current ) 1 

Tickler of (juardians (Current) 1 

Letters of Administration ( Current ) 1 

Testamentary Letters of Guardianship (Current) 1 

Ancillary Letters of Guardianship 1 

Letters of Guardianship 1 

Special Letters of Administration 1 

Surrogates" Minutes of Accounts — August 9. 1907, to date 4 

Record of Deposits with City Chamberlain 1 

Stenographers' Minutes — February 24, 1880, to January 29, 1910 171 

liidr.vcs — 

.Miscellaneous Proceedings 5 

Record of Inventories '2 

Transfers of Interest of Mortgages of Decedents' Estates 1 

.Agreements. Releases and Receipts in Settlement of Estates 1 

Testimony ^ 

Proceedings for the Sale of Real Estate 3 



113 

No. of 
Title. . Volumes. 

Indexes — 

Guardians' Accounts 3 

Final Accountings 4 

Probate of Wills and Letters of Administration 16 

Letters and Bonds of Administration 6 

Letters and Bonds of Guardianship 5 

Orders of Publication 1 

Receipts for Original Wills 4 

Receipts for Releases _ 1 

Receipts for Assignment of Interests 1 

Obsolete Indexes — 

Letters of Guardianship 3 

Records of Inventories 2 

Ticklers of Wills 5 

Letters of Administration 4 

Letters of Administration and Guardianship 2 

Tickler Accounts 4 

Letters Testamentary 3 

Bonds of Guardianship 2 

Guardians' Accounts 1 

Probate of Wills 3 

Miscellaneous 1 

Bonds of Administration 1 

Final Accountings 1 

The following books are in the Transfer Tax Department : 

Transfer Tax Order for Appraisers 10 

Taxable Transfers of Property 11 

Decrees Filed and Copies Forwarded to State Comptroller 2 

Decree Books — Collateral Tax 6 

Indexes — Taxable Transfer of Property '<' 



Total 1,775 



APPENDIX " C." 

Schedule of Number of Files in the Office of the Sureogate of the 
County of Kings Under the Supervision of the Commissioner 

OF Records. 

No. 
Title of l^apers. of Files. 

Probate Proceedings 1,803 

Final Accountings 1,204 

Administrations 341 

Original \Vills 254 

Transfer Tax Proceedings 515 

Transfer Tax Decrees 28 

Transfer Tax Receipts 13 

Guardians' Annual Accounts 164 

Guardianships 130 

Miscellaneous 335 



113 

No. 
Title of Papers. of File;. 

Orders to Advertise 55 

Real Estate Proceedings 63 

Inventories 12 

Accountings 10 

Rejected Wills 11) 

Unfinished Final Accountings (i!) 

Unfinished Miscellaneous 19 

Unfinished Special Proceedings 27 

Uncalled for Letters of Administration — Property of Individuals 30 

\'arious Papers in ^Vooden Files, Current Work Not Yet Classified. . . . 54 



Total 5.1 



to 



Final Accountings and Estates placed in large tin boxes, on account 

of the numerous papers filed in the said suits 120 boxes. 



Schedule of Number of Files in the Office of the Clerk of Kings County 

U.VDER THE Supervision of the Commissioner of Records of the 

County of Kings. 

No. 
of Files. 

Judgment Rolls and Pajiers in Suits 10,385 

Money Judgments 1,398 

Transcripts. Assignments and Satisfactions of Judgments 321 

Equity Judgments 28 

Mechanics" Liens Ifi-i 

Assignments and Satisfactions of Mechanics' Liens 31 

General and Insolvent Assignments 28 

Incorporations 81 

Annual Reports of Corporations 60 

Limited Partnership 3 

Business Certificates (Assumed Names) 18 

Trade Marks 3 

Change of Names ( Certificate ) Ifi 

Defective Satisfactions and Other Papers 8 

Sheritifs' Executions and Certificates of Sale, etc 87 

Adoption Certificates 1-- 

Appointments of County and Public Officers 

Supreme Court Papers, Orders. Pleadings. Decisions 19 

County Court Orders, Minutes •'> 

.Appeals, Cases on Appeal, Remittiturs, ITndertakings 128 

Bonds — Official. Assignees', Mechanics' Liens, Miscellaneous 13 

Miscellaneous Orders— 1851-1894. . 26 

Miscellaneous Papers — Supreme and County Court 26 

Railroad Franchises. Consents, etc.. Withdrawal of Consents _ 75 

Insurance Claims, Certificates of Insurance 44 

Motion Papers, Consents, Stipulations, Court ^linutes. Bills of Cost. ... 91 

Affidavits of Merit ". 24 

Briefs and Exhibits in .Actions 42 



•10 



114 

Xo. 
of Files. 
Street Opening Proceedings, Appointments of Opening and lirading 

Commissioners 1^ i 

Notes of Issue 10 

Notices of Trial, Consents and Undertakings 3 

Common Pleas Papers and Reports of Clerk 4 

Perpetuating Testimon} — 1854-1888 1 

Criminal Courts — Returns. Appeals, Affidavits and Orders, Ponds, 
Sentences and Rough Minutes, Excise Cases, Cases Transferred 

from Sessions to Oj'er and Terminer 533 

Certificates of Execution of Condemned Murderers 1 

Inventories and Schedules 15 

Lunacy — \^'arra^ts and Physicians" Certificates 11 

Circuit Court, City Court and Miscellaneous Calendars 37 

Physicians' Diplomas, Dentists" Certificates, Applications to Practice 

as Attorney 5 

Bench Warrants, Convictions, Recognizances, Remission of Fines 3G 

Certioraris 1 

Foreclosures of Mortgages by Advertisement 1 

?kIiscellaneous Com])laints and Papers in Suits 39 

\'erdicts 2 

Certificates of Nominations, Statem.ents of Canvassers, Election Chal- 
lenges and Candidates" Expenses 1!> 

Primary Election Returns and Challenges 4!> 

Appointments of School Commissioners and Reports of School Districts (! 

Resolutions of Boards of Supervisors 1 

Writs of Inquiry 1 

Returns of Writs of Errors 1 

County Town Elections— 1843-1894 1 

Financial Aflfairs of Flatlands — December 30, 1893 1 

P'npaid Taxes, County Towns 3 

Petitions of Habeas Corpus Proceedings 2 

Narrs 5 

County Treasurers" Reports 5 

Certificates of Notary Publics and Commissioners of Deeds 9(5 

Lists of Trial and Grand Jurors, Jurors' Notices, Circuit and City Court 

Jurors" Excuses -13 

Coroners" Inquisitions .^ 289 

Statement of Brooklvn Trust Company — 1889 ' 2 

Papers of Clerk of City Court 1 

Notices of Pendency of Actions 28 

Naturalizations Approved — lS9(S-190(i 104 

Naturalizations Dismissed— 1896-1906 17 

Naturalizations, Orders Correcting and Canceling — 190(! 3 

Naturalizations, Returns and Disposed of — 1906 4 

Naturalizations, Indictments for Trial — 1906 3 

Naturalizations. City CIerk"s Records — 1906 1 

Declarations of Intentions 1 

Law Journals— 1893 1 

Total 1^,555 



11.5 

In acUliiioii lu the above there are in the vault thousands of otlter papers in 
suits, together with ])rinte(l eases and testimony in hook form, wliich have not 
been arranged and ])Iaced in liles. It is estimated that there are on lile in this 
office, at the present time, about r),!)!)!),!)!)*) papers. 

The number of tiles in this office varies from time to time as the dilterent 
papers are merged into Judgment Rolls and Papers in Suits. 



ScHKDLLI-: OF \lMlii:i{ OF l'"ll.i:.S IN THE OfFICIC of the RlXilSTEU OF Kl.NliS 
CofN'TV L'XOKli Tin: SlPEIiVISION OF COMMIS.SIONKIt OF Ri:C01!D.S. 

No. 

of Files. 

Chattel .Mortgages and Hills of Sale 1,8-^0 

.Satisfactions of Mortgages 1 ..'i:i() 

Court Orders, Street Openings, etc 25 

Receipts for Delivery of Papers :?<S7 

Mortgage Tax Affidavits and Statements 46 

Miscellaneous • -i'^ 

Consents to ^Mortgages 15 

Deeds 43 

Mortgages 1~ 

Leases 8 

Wills 1 



3,724 



APPENDIX " D." 
CHAPTER 365. LAWS OF 1894. 

.Ax Act to provide for indexing and reindexing conveyances, mortgages and 
other instruments relating to lands and liens thereon in the County of Kings. 

Became a law April 25th. ISiM. with the approval of the Governor. Passed, 
three-fifths being present. 
The Peo/^le of the State of .Veto )'ork. Ref'rese)ited in Seinile mid .-Ijseinbly. do 

Enact as folloivs: 

Section 1. Everv instrument aft'ecting real estate'or chattels real, situate in 
the County of Kings, which shall be recorded in the office of the Register of said 
County, oiT and after the first day of January, Eighteen hundred and ninety-five, 
shall be recorded and indexed pursuant to the provisions of this Act. 

Section 2. Upon the passage of this Act, the Register of the County of 
Kings is hereby authorized and directed to prepare a map of said County, on 
which shall be shown and delineated all the streets, avenues, roads, boulevards, 
parkways and water-fronts of said County, and also all blocks or praccls of land 
bounded bv said streets, avenues, roads, boulevards, parkways and water-fronts, 
subject however, to the next following section. The word " block,' as used m 
this Act, designates a plot or parcel of land such as is commonly so designated, 
wholly embraced within the continuous lines of streets and water-fronts taken 
together where water forms one of the boundaries of a block, and such other 



116 

parcels of land or lands under water as may be indicated upon said map by block 
numbers as constituting blocks. 

Section 3. The said Register of the County of Kings shall also cause said 
maps to be subdivided into convenient land sections, for the use to which said map 
is to be put, as by this Act provided, and shall cause the division lines of said 
several sections to be exhibited on said map, and shall cause said sections to be 
numbered on said map from number one, consecutively, upward for as many 
sections as shall appear on said map. 

Section 4. The said Register of the County of Kings shall also cause the 
blocks or parcels of land shown on said map to be numbered thereon, by block 
numbers, from number one consecutively upward. 

Section 5. For the purpose of notice under this Act, each block shall be 
deemed to extend to the middle line of the streets, avenues, roads and boulevards, 
then or thereafter laid out on said land map fronting and adjoining such block, 
and shall also be deemed to extend to the exterior bulkhead line where water 
forms one of the boundaries of a block. 

Section 6. The said Register of the County of Kings shall cause five 
copies of said map to be made, and shall certify the same under his hand, and shall 
file one copy of said map in the office of the Register of the County of Kings, 
one in the office of the Clerk of said County, one in the office of the Collector of 
Taxes in the City of Brooklyn, one in the Ofifice of the Comptroller of said City, 
and one in the Department of Assessment in said City; and upon said map being 
so certified and filed, it shall be and become a public record, and shall be known 
and designated as the Land Map of the County of Kings. 

Section 7. Such number of any of the aforesaid maps as the Board of 
Estimate of the City of Brooklyn and of said County of Kings may direct, not 
exceeding ten thousand, shall be printed by said Register of the County of Kings 
for sale, at a price fixed by said Board of Estimate, and the proceeds of such sale 
shall be paid to the County Treasurer of Kings County, to the credit of the 
general fund for the reduction of taxation. 

Section S. The Register of the County of Kings is hereby directed and re- 
quired, immediately upon the completion and filing of said map in the ofifice to 
cause to be prepared one or more books for each of said sections for the indexing 
therein imder the proper block numbers and block diagrams of all instruments 
now required by law to be recorded in the books of conveyances. The said 
Register shall also cause to be prepared one or more books for each of the said 
sections for the indexing therein under the proper block numbers and block dia- 
grams of all instruments now required by law to be recorded in the books of 
mortgages. Said indexes, when completed, shall be def>osited in the office of 
said Register. They shall be prepared so as to contain the names of the parties 
to each instrument, the date of recording the same, and the liber and page of 
the record thereof, and shall be substantially the forms of the schedule hereto 
annexed, designated, respectively. Schedule A and Schedule B, which schedules 
are to be deemed and taken to be a part of this Act. Said books shall be entitled 
Block Indexes of Conveyances and ^Mortgages, respectively, and shall indicate 
the sections and blocks to which they shall respectively relate, and the said books 
shall be public records. Whenever there shall be filed with the said Register a 
satisfaction of any mortgage which has been indexed as herein provided, the 
Register shall forthwith enter upon the index of such mortgage, the date of the 
filing of the satisfaction of the same, and the liber and page of the record thereof, 
in the form shown for such entr\;. in said Schedule B. 

Section 9. It shall be the duty of said Register to provide and keep in 
his ofifice. besides said land map and block indexes, books to be entitled the 
Dailv Inde.x or Tickler of Convevances and the Dailv Index or Tickler of Mort- 



]]7 

gages, together with books of record in which shall be recorded at length con- 
veyances and mortgages recorded in his office, each of which shall be endorsed 
with its proper liber number, as well as with the number of the section to which 
it shall relate, and which shall contain the record of instruments relating to land 
in that section. 

Section 10. Every instrument presented to said Register for reconl and 
requiring to be indexed under this Act after the date when this Act shall go into 
operation in order to entitle the same to be recorded, shall contain in the body 
thereof, or shall have endorsed thereon to be recorded therewith, a designation of 
the number of every block on the said land map in which the land affected by the 
instruments lies. Every assignment of a mortgage and every agreement respect- 
ing a mortgage to entitle the same to be recorded shall contain in the body 
thereof, or shall have endorsed thereon to be recorded therewith, a designation 
of the number of every block on the said land map in which the land lies which 
is affected by the mortgage to which such assignment or agreement relates. .\nd 
the record of the instrument shall not be effectual by way of notice to bona tide 
purchasers or encumbrances in respect of any land situated in any block not so 
designated, except as hereinafter provided in Section Sixteen of this Act. 

Skctiox 11. A\'henever any instrument affecting or relating to land in said 
city entitled to be recorded and required to be indexed under the provisions of 
this Act shall be presented to said Register for record, he shall forthwith endorse 
the date, hour and minute of its receipt by him. and enter in the proper index or 
tickler the names of every party executing the said instrument, the date of 
the record thereof and the number of every block designated as afore- 
said for the indexing of such instrument, and within ninety days thereafter shall 
cause the said instrument to be indexed in the proper book or books of block in- 
dexes under the block number and diagram of every block so designated. 

Section 12. In the certificate of said Register now required to be endorsed 
on instruments recorded by him he shall certify, in addition to the other matters 
required by law to be stated therein the number of every block on said land map 
under which the instrument has been indexed. 

Section 1.3. The entries made in said indexes, in conformity with the re- 
quirements of this Act, shall for the purpose of notice, be deemed and taken to 
be a part of the record of the instruments to which such entries respectively refer, 
and shall be noticed to such subsequent purchasers or encumbrances to the same 
extent and with like effect as the recording of such instruments in the office of 
said Register now is or may be noticed. 

Section 14. Said Register, on and after the first day of January, Eighteen 
hundred and ninety-five, shall keep in his office for each section, alphabetical in- 
dexes containing lists of the names of all grantors and grantees of land entered 
from time to time on the block index of conveyances in such section in his office, 
referring after the names of said grantors and grantees to the liber and page 
of the record of the several instruments to which they are parties, and to every 
block aft'ected by said instruments. Said Register shall keep in his office similar 
alphabetical indexes of mortgagors and mortgagees whose names appear upon 
the block indexes of mortgages. Said Register shall prepare the books for such 
alphabetical indexes, and in lexicographical or such other form as he may think 
proper, but said last named indexes shall not be deemed or held to be a part of 
the record of the instruments to which they refer, for the purpose of notice or 
otherwise, nor shall be deemed to constitute notice of said instruments or of the 
contents thereof. The indexes provided for in this section shall be in lieu of the 
general indexes, now required by law. to be kept in the office of said Register. 
But the indexes now in said office shall be retained so that access may be had 
to the same at anv time, and the Register shall cause all conveyances and mort- 



118 

gages now recorded in his office to be lexicographically indexed where not already 
done, in the same manner and form as conveyances ind mortgages are now 
lexicograjjliically indexed in his office, and the Auditor of said County shall audit 
monthly and the Treasurer of said County shall thereupon pay to said Register 
his charge for said work at the rate now paid for like work in said office, but 
no more. 

Section 15. Whenever, after the making of said land map, any new or 
additional blocks of land shall be formed in said County by the opening or clos- 
ing of any street, avenue, road, boulevard or parkway, or otherwise, it shall be 
the duty of the said Register of the County of Kings to cause new maps of such 
new or additional blocks to be made, and such new or additional blocks to be 
numbered on said map, with block numbers following in consecutive order the 
highest block number on the maps or block indexes immediately previous thereto 
or by some other proper designation and to certify such new maps and file them 
in the same offices as tlie previous land maps, on and after the first day of Jan- 
uary next succeeding the making and filing of any such new maps, the indexes 
of all blocks theretofore existing, comprising the land in the new blocks so 
formed as aforesaid, shall, except for the purpose of completing the indexing be- 
longing to the preceding year, be closed and discontinued, and a new inde.x shall 
be opened for every such new block in the form herein prescribed, which new 
index shall thenceforth be used for all entries relating to land in such block. 
The date of closing shall be entered on the maj) previously in use and at the 
end of every index on the block indexes so discontinued with references to the 
number of every new block to be used in place thereof, and the date of opening 
shall be entered on the new map so made and filed, and at the beginning of every 
such index with references to the number of every block before in use for the 
land contained in such new block ; and on and after the said first day of Januarj-, 
said maps, so filed as aforesaid, shall constitute a part of the land map of said 
county, and become public records, and the recording and indexing of instru- 
ments relating to land shown thereon shall be subject to the provisions of this 
Act, as to the manner of indexing as hereinbefore provided, and the legal effect 
of such recording and indexing. The numbers and boundaries of blocks and 
sections shall not be changed except as is in this section provided. 

Section 16. In cases where any instrument shall have been recorded with- 
out such designation as is required by Section Ten of this Act, or with an 
erroneous designation, the said Register shall, on presentation of proper proof 
thereof, enter such instrument in the proper index under the proper block num- 
ber of every block, the designation of which shall have been erroneously stated 
or omitted, and shall, at the same time, make a note of such entry and of the 
date thereof in every place in which such instrument may have been erroneously 
indexed, opposite the entry thereof, and also upon the record of the instrument 
and upon the instrument itself, if the same be in his possession or produced to 
him for the purpose, and the record of such instrument shall be constructive 
notice as to property in any block not duly designated at the time of such record 
only from the time when the same shall be properly indexed. 

Section IT. Xo entry in any book or index in said Register's office shall 
be erased so as to be illegible, but in case of any correction the same shall be made 
without destroying the original by drawing a line through such original entry, 
and in all such cases the date of such correction, attested by the signature of the 
Register or his Deputy, shall be entered upon the same page on which such cor- 
rection is made, on the margin, opposite such correction. 

Section 18. Any person presenting to said Register an instrument for rec- 
ord under this Act shall pay to said Register in addition to the fees now required 
bv law for recording like instruments, the further sum of twenty-five cents for 



\\9 

each additional block beyond one under which such instrument is required to 
be indexed, and the sum of one dollar for each block shall be ])ayable whenever 
an instnmient already recorded is required to be reindexed under Section Sixteen 
of this Act. 

Section- lit. The provisions of this -Act shall not apply to the indexing of the 
general assignments, wills, powers of attorney, executory contracts for the sale 
or purchase of land or satisfaction of mortgages, except as in the next section 
provided; but such instruments shall be filed or recorded as now required by law, 
a;id when recorded they shall be indexed in separate alphabetical indexes. 

Skctiox 21). The said lioard of Estimate is hereby authorized and directed, 
from time to time, to determine the amounts of money not herein otherwise pro- 
vided for which may be required to carry out the provisions of this .Act until the 
first day of January, Eighteen hundred and ninety-five, and to appropriate said 
moneys therefor, antl the County Treasurer of Kings County is authorized to 
raise such money, from time to time, by the issue of bonds of said County, as 
hereinafter provided. 

.Skctiox 21. Xo expenditure shall be made or obligation incurred inider any 
provision of this Act, unless otherwise herein specifically authorized and jjni- 
vided for. imtil an appropriation therefor shall have been made by the ^aid Hoard 
of Estimate, nor in excess of any such appropriation. 

Section' 22. The Register of tlie County of Kings, immediately after the 
passage of this Act. shall cause to be prepared two separate sets of index books, 
to be known, respectively, as the Block Index of Reindexed Mortgages, wjiich 
books shall be substantially the same in form as the Block Indexes of Convey- 
ances and Mortgages hereinabove provided for. Such lx)oks so to be prepared 
shall be properly ruled and endorsed, and so as to indicate the section and blocks 
on the Land Map of the County of Kings, to which they respectively relate, and 
also the periods of time covered by them respectively. 

Section 23. Upon the completion of the said index books, so directed to 
be prepared, the said Register shall cause to * reindexed therein, subject to his 
direction, under the sections, blocks and block numbers shown on the I.and Map 
of said County, and, so far as practicable, on the same general plan as entries 
are hereinbefore required to be made in the block indexes in the office of said 
Register, all conveyances, mortgages and other instruments which were recorded 
or filed in the office of said Register, prior to the first day of January, Eighteen 
hundred and ninety-five, except executory,* (contracts) for the sale of land, 
mortgages satisfied of record, satisfaction of mortgages, releases from nnjrt- 
gages which have been satisfied, and leases, which, by their terms, have expired. 

Section 24. The Clerk of the County of Kings shall cause to be prepared, 
suitable books for the reindexing therein of all statutory notices of liens and 
claims upon land which shall have been filed or recorded in the office of the said 
County Clerk for such period prior to the passage of this Act. as said County Clerk 
shall determine, and said County Clerk shall thereupon cause all such liens to be 
reindexed in such books accordingly. The said County Clerk shall, when pos- 
sible, reindex said instruments and liens in this section mentioned upon the 
plan' of block indexing herein provided for, and under the respective .sections, 
and blocks on the said land* (map) in which the land lies afifected by such lines 
and instruments. The index books, bv this section directed to be prepared, shall 
be suitably endorsed and designated as Block Indexes of Reindexed IJens. the 
endorsements specifying the kind of liens reindexed in each index-book. 

Section- 2.5. Xotice of lis pendens shall be reindexed only against the name 
of the first plaintiff, and the name of the first defendant mentioned in the notice. 



So in original. 



1-20 

and in case of an action for the foreclosure of a mortgage, it shall appear by an 
index of such mortgage, or en the margin of* thereof, that such mortgage has 
been satisfied and discharged of record, or such action has been discontinued 
without judgment, then in an)' such case the notice of the pendency of such 
action, which may have been filed, shall not be reindexed, under the provisions of 
this Act, and no lien shall be reindexed which appears to have been satisfied 
and discharged by an entry to that effect on the margin of the present index, 
or of the record of the instrument, or by other record evidence brought to the 
notice of said County Clerk or Register. In cases in which mortgages have been 
foreclosed, and decrees of foreclosure have been entered, said Register may, in 
his discretion, enter on the margin of the record of the mortgage foreclosed the 
fact of such foreclosure and the date of the decree. 

Section 3(i. If, in the opinion of such Register or County Clerk it shall, 
in particular cases, be impracticable by reason of the uncertainty of descriptions 
or otherwise, or it shall appear to either of them, for any reason, not advisable 
to index or reindex some of the instruments and notice of liens by this Act di- 
rected to be reindexed upon the plan hereinbefore mentioned with reference 
thereto, said Register or County Clerk may, in his discretion, in such cases, as 
to such instruments and notices, adopt and carry out another plan of indexing 
or reindexing which he shall think best, in order to simplify reference to such 
instruments and notices and their use as public records. 

Skction 27. Should the said Register or County Clerk think it expedient 
so to do, he may cause to be prepared nominal index in lexicographical form of 
the parties to the instruments mentioned in this Act, or to any of them, and of 
the owners of land against which liens have been filed and of judgment debtors 
whose names appear on record. The particular form of such lexicographical 
indexes shall be such as said Register or County Clerk shall determine, and shall 
cover such periods and be brought down to such dates as he shall direct in re- 
spect to his own office. 

Section 28. Upon the completion of the indexing and reindexing directed 
by this Act as to any instruments or liens hereinbefore mentioned, and when such 
indexes shall be certified by said Register or County Clerk as having been pre- 
pared by him under the authority of this Act, the same shall be deposited in the 
office of the Register and County Clerk, respectively, or such other place as shall 
be provided for them, for public use, and the same shall thereupon be public 
records. 

Section 29. The said County Clerk is also hereby directed to cause to be 
prepared, under his direction, suitable index books for the future indexing 
therein upon said block plan of indexing of all statutory notices of liens or 
claims on land which may be filed or recorded in his office, on and after the first 
day of January, Eighteen hundred and ninety-five. Such index-books shall be 
known and designated as the Block Index of Liens, and shall be ruled for enter- 
ing therein the names of the lienor and of the owner of the property affected, the 
amount claimed to be due as shown by the notice, and the date of the satisfaction 
thereof, and said indexes shall be of such other general form as said and each 
of said books indexed on the block plan, shall contain entries relating only to the 
section of which the number and designation is endorsed in said book, and said 
indexes shall be of such other general form as said County Clerk may determine. 
In cases in which it is not practicable, in the opinion of said County Clerk, to 
index some of the liens in this section mentioned, under said blocks, then the 
said County Clerk may prepare such other form of indexes as he shall think 
best. All such books shall be endorsed with their proper designation, and so 
as to show the liens to be indexed therein, the sections and blocks on the Land 

* So in original. ' 



121 

Map of the said County to \\h\d\ tliey relate, and tlie i)eriods of time covered 
by them, respectively. 

Sectiox 30. For the i)iirpose of carrying out all the various provisions of 
this Act the Kcgister and County Clerk may employ an expert who shall act as 
superintendent, and sucli clerks and assistants and other expert persons as may 
in their respective judgment be required in their own offices; provided, however, 
that all of the expen.ses, including printing, stationery and material as may be 
necessary for the purposes of this Act, and for carrying out all of the provisions 
of this Act, shall not in any event c.x'cecd the amount or amounts authorized by 
the said Board of Estimate or otherwise specifically provided for by this Act, 
or other existing law. 

Sv.vnos 31. The Board of Estimate of the City of Brooklyn and County 
of Kings is hereby authorized to include in the final estimate of tlie moneys to be 
raised by taxation in said County for the year Eighteen hundred and ninety-five, 
and the succeeding years if required, until said block index or reindexed liens 
and compilations are completed, the amounts of monev which may be recpiired 
by said Register and County Clerk to carry out the provisions of this Act in re- 
spect thereto and not otherwise provided and to appropriate said luoneys therefor, 
and the County Treasurer of said County is authorized and directed to pay, out 
of the amounts so required and appropriated, the expenses authorized by this 
Act. upon the requisition of the said Register and County- Clerk for the amounts 
required by each in his own office, and said County Treasurer is authorized to 
raise whatever money may be required not otherwise provided for from time to 
time by the issue of county bonds in such amounts in such series and payable 
at such times as the County Treasurer may determine bearing interest at a rate 
not to exceed four per cent and not to be sold at less than par, provided that 
the total amount of such bonds shall not exceed the amount actually appropriated 
or required to carry out the provisions of this Act. 

Section 33. This Act shall be deemed and taken to be a public and not a 
private Act. 

Section' 33. All Acts and parts of Acts, so far as the same are inconsistent 
with this present Act, are hereby repealed. 

Sectiox 34. This act shall take elTect immediatelv. 



122 



Schedule " A." 
Form of Block Index of Conveyances. 



Name of Street. 



Section i. 
Block no. 




Name of Street. 





Crantees. 


Date of 

Recording. 


Conveyances. 




Grantors. 


Liber. 


Page. 


Remarks. 




Richard Roe 

William Black 










Richard Roe 








William Black 


















iienry Brown 


Ira Smith 

















133 



Schedule " B." 
Form of Block Index of Mortgages. 



Name of Street. 



Section i. 
Block 110. 




Name of Street. 



Mortgagors. 


Mortgagees. 


When 
recorded. 


Mortgage. 


WTien 
discharged. 


Satisfaction. 




Liber. 


Page. 


Liber. 


Page. 




























William Block 


.\mos Wright 






Charles Clute 

Henry Burke 

John Flint 








Thomas Scott 





124 

APPENDIX " E." 
CHAPTER Too, LAWS OF 1896. 

.\n Act for the appointment of Commissioners of Records for llic County of 
Kings, and to fix the term thereof. 

Accepted by the City. 

Became a law May 20, 18!)(;, with the approval of the Governor. Passed, 
thrcc-tifths being present. 

'J'lir Pco/^le of the State of .Yi'tc York, Rcfrcsciitcd in Senate and Assembly, do 
Enact as Follows: 

Section ]. The term of oftice of the present Commissioners of Records in 
and for the County of Kings shall e.xpire on the first day of June, Eighteen hun- 
dred and ninety-six. 

Sec. 2. On or before the first day of June, Eighteen hundred and ninety- 
six, the Mayor of the City of Brooklyn, the Register, County Clerk and Surro- 
gate of the County of Kings shall appoint three persons, who shall be known 
as the Commissioners of Records of the County of Kings, who shall serve with- 
out compensation, and who shall hold office for six years from the said first 
days of June, Eighteen hundred and ninety-six. Each succeeding si.x years there- 
after and within thirty days prior to the expiration of the term of office of the 
said Comniissifiners, the said Mayor, Register, Countv Clerk and Surrogate 
shall appoint their successors, who shall hold office for a like term. In case 
of a vacancy occurring in the office of said Commissioners, or either of them, the 
persons above designated shall appoint a Commissioner to fill such vacancy for 
the unexpired portion of said term. 

Skc. 3. It shall be the duty of such Commissioners of Records to examine 
into the conditions of the books, records, documents, maps and indices of the 
Clerk, Register and .Surrogate of said County, and they shall have sole and ex- 
clusive power to authorize said Clerk, Register or Surrogate to cause copies of 
said books, records, documents, maps and indices to be made and certified for the 
public use, and it shall be their duty to cause the same to be made and certified 
whenever by reason of age, use, exposure or any casualty the same shall in their 
judgment be necessary, and they' shall be authorized to do such further acts for 
the preservation and convenient examination of the same as the public interests 
may require. Any of the officers hereinbefore mentioned making such transcripts 
or copies, pursuant to an order of the said Commissioners of Records, shall be 
paid such sum therefor as may be just, but such payment shall not be made unless 
the work has been first ordered to be done by the said Commissioners, and after 
the same shall have been completed, until the work shall be examined by them 
and approved as to its manner and form of execution, and such payment shall 
not exceed a sum to be certified by said Commissioners. 

Sec. 4. Immediately upon the appointment of the said Commissioners, as 
provided in Section Two of this Act, the said Commissioners shall appoint a 
.Superintendent for said Register's Office, and a Superintendent for said County 
Clerk's Office. The duty of said Superintendents shall be to superintend all work 
ordered to be done in their respective offices by the said Commissioners and to* 
The compensation for such services to each of said Superintendents shall be fixed 
by the said Commissioners, but shall not exceed that now paid to the Superintend- 
ent in the Kings County Register's Office, and each of said Superintendents shall 
serve for a period of six years ; provided, however, that cither of said Superin- 
tendents may be removed by the said Commissioners upon charges preferred, and 

* The ifoUiowine words were omitted from the printed law: "have general supervision over aJl records 
and papers in said offices." 



125 

after an opiK.rtunily to be Iicard. notice of such charges and of the lime and 
place when tlie same will he investigated having been given to such Superintend- 
ent, such removal to become effective only upon the api)roval and with the con- 
sent of a justice of the Supreme Court of the Second Judicial District. 

Si:c. .■), It shall be the duty of the Board of Estimate of the Citv of llrook-- 
lyn. annually, to make provision for the expenses of said Commissioners. Super- 
intendents and the work to be jjerformed under the provisions of this .Act. 

Si:r. <;. All .Acts and parts of .\cl< inconsistent with the i)r(ivisions of this 
Act are hereby re])ealed. 

Skc. 7. This .Act >hall take effect iunnediately. 



APPENDIX •• ]•:• 

CllAPTh'.R .V.'i;, l..\\\S OF IS!);. 

An An to amend chapter seven hundred and (ifty-tive of tlie laws of eighteen 
hundred and ninety-si.x. entitled " .An act for the appointment of commis- 
sioners of records for the county of Kings, and to tix the term thereof." 
.Accepted by the Cit\-. 

P)ecame a law .May is. ISti;, with the approval of the (lovcrnor. Parsed, 
three-fifths being present. 

The People of the State of X'eic York. Represented in Senate and . Isseinldx. do 
Eiiaet as Follox^'s: 
SiccTiox 1. Section two of chapter seven hundred and fifty-live of the 
laws of eighteen hundred and ninety-six, is hereby amended so as to read as fol- 
lows : 

Si:c. •.'. ( )n or before the first day of Jiiiie. eighteen hundred and 
ninety-six, the mayor of the city of lirooklyn, the register, county clerk and 
and surrogate of the county of Kings, shall appoint three persons, who shall 
be known as the commissioners of records of the county of Ixings, who shall 
hold office for six years from the said first day of June, eighteen hundred 
and ninety-six, and each of said commissioners shall, from and after Decem- 
ber thirt\-first, eighteen hundred and ninety-seven, be ])aid for his services 
a yearly salary of twenty-five hundred dollars in equal monthly payments. 
Each succeeding six years thereafter, and within thirty days prior to the ex- 
piration of the term of ofifice of the said commissioners, the said mayor, reg- 
ister, count\' clerk and surrogate shall app(jint their successors, who shall 
hold office for a like term. In case of a vacancy occurring in the office of 
said commissioners, or either of them, the persons above designated shall 
appoint a commissioner to fill such vacancy for the unexjiired portion of 
said. term. 

Skc. ■^. Section three of said act is hereby amended so as to read as follows: 
Skc. :3. It shall be the duty of such commissioners of records to ex- 
amine into the condition of the books, records, documents, maps and indices 
of the clerk, register and surrogate of said county, and from and after the 
passage of this act they shall have general supervision, care, custody and 
control of all maps, books, indexes, papers, records and instrutnents kept, 
filed or recorded or hereafter to be kept, filed or recorded in said office, and 
said commissioners shall have exclusive power to make rules for the con- 
venient use of the same by the public, and .shall have sole and exclusive 
power to authorize said clerk, register or surrogate to cause copies of said 
books, recor.ls. documents, maps and indices to be made and certified for 
public u.se, and it shall be tlu-ir duty to cause the same to he made and cer- 



126 

tilled whenever by reason of age, use, exposure ov any casualty the same 
shall, in their judgment, be necessary, and they shall he authorized to do 
such further acts for the preservation and convenient examination of the 
same as the public interests may require. Any of the officers hereinbefore 
mentioned making such transcripts or copies, pursuant to an order of the 
said commissioners of records, shall be paid such sum therefor as may 
be just, but such payment shall not be made tmless the work has been first 
ordered to be done by the said commissioners, and after the same shall have 
been completed and examined by them and approved as to its manner and 
form of execution, and such payment shall not exced a sum to be certified 
by said commissioners. 

Sec. 3. Section four of said act is hereby amended so as to read as follows: 
Sec. 4. Immediately Ujion the a|.)pointiiient of said commissioners, as 
provided in section two of this act, the said commissioners shall appoint a 
superintendent for said register's office, and a superintendent for said county 
clerk's office. The duty of said superintendents shall be to superintend all 
work ordered to be done in their respective offices by the said commissioners, 
and shall, under the direction of the commissioners, have general super\'ision 
over all records and papers, maps, books, indexes and instruments kept, filed 
or recorded, or hereafter to be kept, filed or recorded in said offices. And 
from and after the first day of January, eighteen himdred and ninety-eight, 
said superintendents, under the direction of the commissioners of records, 
shall carry on, continue and com])lete the reindexing of conveyances, mort- 
gages and other instruments relating to land and liens thereon in the county 
of Kings in the manner now provided by law to be done by the register and 
county clerk of said county. The superintendent for said register's office, 
under the direction of said commissioners assuming the duties with respect 
to said reindexing, now devolved by law upon the register, and the superin- 
tendent for the county clerk's office, under the direction of said commission- 
ers assuming the duties now devolved by law upon the county clerk. And 
the board of estimate of the city of Brooklyn is hereby authorized and di- 
rected to make provision for such reindexing, in the same manner and to the 
same extent as is now provided for by law with reference to such reindex- 
ing by said register and county clerk. The compensation for such services 
to eacli of said superintendents shall be fixed by the said commissioners, but 
shall not exceed that now paid to the superintendent in the Kings county 
register's offi-ce, and each of said superintendents shall serve for a period 
of six years ; provided, however, that either of said superintendents may be 
removed by the said commissioners upon charges preferred, and after an 
opportunity to be heard, notice of such charges and of the time and place 
when the same will be investigated having been given to such superintendent, 
such removal to become eflfective only upon the approval and with the con- 
sent of a justice of the supreme court of the second judicial district. 
Sep. 4. This act shall take eflfect immediateh'. 



127 

APPENDIX " G." 

CHAPTER rm. LAWS OF 1809. 

A.\ Act to provide fur llie appiiiinuK'nt of a Commissioner of Records for 
the County of Kings. 

Passed without the aeeeptance of the Cit}-. 

Became a law -May l.">, ISDi). witii the approval of the Governor. I'assed, 
three-fifths being present. 

77/, • /'<■(-/'/(■ of the State of Xrw )'oyL\ Rcf resented in Semite and Asseinhly. do 
Enact as Follon's: 

Skction 1. The term of office of the present Commissioners of Records in 
and for the County of Kings and all their appointees and subordinates, shall ex- 
pire ten days after the pa.ssage of this Act. 

Skc^2. Within ten day.s after the passage of this .\ct the District .\ttorney 
of the County of Kings shall appoint one i)erson, who shall be known as the 
Commissioner of Records of the County of Kings, and who shall hold office for 
five years from the date of liis apiiointment. and he shall be paid for his services 
the yearly salary of Five thoiisan.d dollars in eepial monthly payments. .At the ex- 
piration of the term of office of the said Commissioner the said office of Commis- 
sioner of Records for the County of Kings shall cease to exist, unless continued 
by Act of the Legislature, and all records, books, maps and other documents shall 
be turned over to the care of such County Officers as may properly be entitled 
to have the care and custody of them, or as designated by the said Commissionef 
of Records in the absence of specific action by the Legislature. In case of a 
vacancy occurring in the office of said Commissioner of Records, the Ditsrict 
Attorney of the County of Kings then in office shall fill such vacancy for the 
unexpired portion of the term of office of said Commissioner of Records. 

Sfcc. .3. It shall be the duty of such Commissioner of Records to examine 
into the condition of the books, records, documents, maps and indices of the 
Clerk. Register and Surrogate of said County of Kings, and the books, maps and 
other records of the late Towns of New Lots. Flatbush. New L'trecht, Gravesend 
and Flatlands. in the County of Kings, now the Twenty-sixth. Twenty-ninth. 
Thirtieth, Thirty-first and Thirty-second Wards of the Borough of Brookhn. in 
the City of New York, and from and after his entry into office he shall Iiave gen- 
eral supervision, care, custody and control of all maps, books, indices, indexes, 
papers, records and instruments kept, filed or recorded or hereafter to be kept, 
filed or recorded in said offices, and which are now in the possession of former 
officers of said towns or any of them, or of any other person or persons, boards, 
or officers, whether said boards or officers be departments or officers of the City 
of New York or otherwise; and said Commissioner shall have exclusive ])owtr to 
make rules for the convenient use of the same by the ]xublic. and shall have 
sole and exclusive ])ower to authorize said Clerk. Register or .Surrogate to cause 
copies of said books, records, documents, maps and indices to be made and 
certified for the public use; and it shall be his dut)- to do or cause the same to 
be done whenever by reason of age, use, exposure or any casualty the same 
shall in his judgment be necessary ; and he shall be authorized to do such further 
acts for the preservation and convenient examination of the same as the jiublic 
interests mav require. .\nd from and after his entry into office, the said Com- 
missioner shall carry on, coiUinue and complete the reindexing of conveyances, 
mortgages and other instriunents relating to land and liens thereon in the County 
of Kings, in the manner provided by law in force at the time of the passage of 
this Act. The said Commissioner of Records assuming the duties with respect 
to .said reindexing in the Register's Office and the Countv Clerk's Office of the 
Countv of Kings, now devolved by law upon the present Commissioners of Rec- 



V2S 

ords and tlicir Superintendents. Any of the officers hereinbefore mentioned mak- 
ing such transcripts or copies, pursuant to an order of the said Commissioner 
of Records, shall be paid such sum therefor as said Commissioner shall 
certify to be just, but such payment shall not be made unless the work has 
tirst been ordered to be done by said Commissioner, and after the same shall have 
been completed and examined by him and api)roved as to its manner and form 
of execution, and such payments shall not exceed the sum to be certified b\ said 
Commissioner. 

Si-X'. 4. It shall be the duty of any and every person or persons, board or 
officers having in his, their or its possession any of the said maps, books or rec- 
ords of either nr any of the late towns mentioned in the third section of this 
Act to deliver the same to the Commissioner of Records upon demand, and, in 
case of a refusal, such delivery shall be enforced by a writ of mandamus issued 
out of the Supreme Court, or by an order of one of the Justices thereof, and in 
case an}' f(.)rmer officer or other person upon whom such demand shall have been 
made shall deny having possession of any book, map, or other record so demanded, 
he may upon the return of such writ or order be examined under oath as to the 
whereabouts of such books, maps and records. Having obtained possession of 
such books, maps and records, the Commissioner of Records shall collate, index 
and arrange the same for use and preservation, and in such cases as may be nec- 
essary shall make certified copies thereof and file such certified copies in such of 
the public offices of the County of Kings and the City of Xew York as may be 
necessary for the purpose of assessment, record or other public use. 

Sue. 5. The said Commissioner of Record upon his appointment, is hereby 
authorized to appoint such assistants and employees as may be necessary for the 
])roper and economical conduct of the duties of his office, to fix their compensa- 
tion and determine the amount necessary for the other expenses of his office. 

Skc. (5. The Board of Estimate and Apportionment of the Cit\' of Xew 
York shall upon the passage and approval of this Act, at once, and annually there- 
after, make provision for the salary of the Commissioner of Records and the 
compensation of his assistants and employees ; and his other necessary expenses 
as audited bv the Comptroller of the City of New York but not to exceed the sum 
of One hundred thousand dollars in any one year. 

Si;c. 7. All .\cts and jiarts of Acts inconsistent with the provisions of this 
-Act are hereby repealed. 

Skc. 8. This Act shall take eiYect immediatelv. 



APPENDIX •■ II." 

CHAPTER 17]. LAWS OF 190-1. 

.\x .Act to provide for the continuance of the office of commissioner of records 
of the county of Kings, and for the completion and care of the block indexes 
and reindexing plant, and for the care and preservation of the county rec- 
ords, old town and other records. 
Became a law .March 2.S, 1904, with the ajiproval of the Governor. Passed, 

three-fifths being present. 
Tlir f'co/^lc of the State of .Vc.c York, represented in Senate and .Assembly, do 
enact as follo7K's: 

Section 1. The office of commissioner of records of the county of Kings 
is hereby continued, for the purpose of completing in permanent form the tem- 
porary block indexes, now made or in process of being made in the office of the 
present commissioner of records of the county of Kings, and for the permanent 



139 

care and preservation of the reindexing plant, now in the office of said com- 
missioner, and of the county, old town and other records, as hereinafter provided. 
Skc. 3. W'ithiji ten days after this act goes into effect, the county judges 
of the county of Kings, shall ajipoint a commissioner of records of tlic couiitv 
of Kings, who shall he a resident of said county, who shall take and hold office 
for a term of five years, commencing from and including the twenty-sixth day 
of ]\Iay, in the year one thousand nine hundred and four, the date of the expira- 
tion of the term of office of the present commissioner; such appointment sliall he 
made by a certificate in writing, signed by said county judges, and to be filed in 
the office of the county clerk of Kings county; and within "fifteen days after the 
date of said appointment the person so appointed shall take and 'file in said 
county clerk's office the official oath required by law. Each succeeding five years 
thereafter, and within thirty days prior to the expiration of the term of office 
of the commissioner of records, the said county judges of Kings county shall 
appoint his successor, who shall hold office for a like term. In case of a vacancy 
occurring in the office of commissioner of records, by death or resignation, or 
otherwise, the county judges of Kings county shall appoint a commissioner of 
records to fill such vacancy for the unexpired portion of said term. The com- 
missioner of records shall be paid for his services a yearly salary of five thousand 
dollars per year, in ec|ual monthly payments. 

Sec. :>. Upon the expiration of the term of office of the present commis- 
sioner of records, all records, indexes, books, maps and other documents and 
papers in his exclusive custody, shall be turned over to the care and custody of 
his successor, so to be ap]X)inted as aforesaid. 

Skc. 4. It shall be the duty of the commissioner of records to examine into 
the condition of the books, records, documents, maps and indexes in the offices 
of the clerk, register and surrogate of the county of Kings, and the books, maps 
documents and other records of the former towns of New Lots, Flatbush, New 
Utrecht. Gravesend, Flatlands, lirooklyn, Bushwick and Williamsburgh. in the 
county of Kings, now constituting the borough of Brooklyn, in the city of New 
York; and from and after his entry into office, he shall have general supervision 
of all maps, books, indexes, ])apers, records and instruments kept, file<l or re- 
corded, or hereafter to be kept, filed or recorded in the offices of the clerk, regis- 
ter and surrogate of the county of Kings, and he shall have exclusive sujjer- 
vision. care, custody and control of all books, records, documents, ma])s, indexes 
and other records of said former towns in the county of Kings, which are now in 
the possession of former officers of said towns, or any of them, or of any other 
person or persons, board or officers, wOiether said board or officers be departments 
or officers of the city of New York, or any borough thereof, or otherwise ; and 
said commissioner shall have exclusive power to make rules for the convenient 
use by the public of all the above mentioned records, documents and jjapcrs in his 
office. From and after his entry into office, the said commissioner of records 
shall carrv on, continue and complete in iiermanent form, the reindexing of con- 
veyances, mortgages and other instruments relating to lands and liens thereon in 
the county of Kings, in block indexes, in the manner provided by law in force at 
the time of the passage of this act, the said commissioner of records assuming 
the duties with respect to said reindexing in the register's and county clerk's 
offices of the county of Kinsjs, and now devolved by law ujion the jiresent com- 
missioner of records. It shall be the further duty of said commissioner of records 
to reindex in separate block indexes all mortgages satisfied ])rior to January first, 
eighteen hundred and ninety-five, and upon the I)lock indexes now com])lcted or 
in process of completion by the present commissioner of records, all mortgages 
unsatisfied of record or satisfied subsequent to January first, eighteen hundred 
and ninetv-fivc, or he mav consolidate and include all mortgages recorded prior 



130 

to January first, eighteen Iiundred and ninety-five, whether satisfied or unsatis- 
fied, in the permanent block indexes, as he may deem mo.:t advisable. When put 
in permanent form and before depositing the said block indexes of mortgages 
in said register's office, the commissioner shall note upon the margin of said block 
indexes of mortgages, following the index of each mortgage, respectively, all 
satisfactions filed prior to January first, nineteen hundred and four, and shall 
cause all satisfactions thereafter filed to be so noted upon the margin of such in- 
dexes from time to time as the same are filed. Tiie said commissioner of records 
shall reinde.x in the block system of indexes of notices of pendency of actions, in 
the office of the county clerk of the county of Kings, the name or names of all 
defendants requested to be indexed in said notices, respectively, at the time of 
filing thereof, in addition to that of the first named defendant under which said 
notices are now only indexed, and shall continue the same to and until January 
first, nineteen hundred and five. Upon the completion of reindexing of records in 
the county clerk's and register's offices, upon tlie block system, as herein pro- 
vided, the commissioner of records shall put his reindexing plant in proper and 
permanent form for its care and preservation for public use in his office, and is 
hereby authorized to arrange and bind in book, portfolio, or other permanent 
form, all the abstracts of conveyances, mortgages and other instruments relating 
to lands and liens thereon, which have been made in connection with, or for the 
purpose of the reindexing on the block system, and also maps, working plans and 
commissioners sheets, upon which are delineated lands in the county of Kings, 
which have been prepared and used in the office of the commissioner of records, 
in connection with, or for the purpose of reindexing on the block system ; and niav 
make such copies of said abstracts, maps, working plans and commissioners sheets 
as he shall deem necessary for public use ; and the same, and the originals thereof, 
shall be deemed to be the public records, and shall, after the completion of the 
said reindexing on the block system, be public records, and shall be open to the 
use of the public in his office, and under such rules and regulations as the com- 
missioner shall prescribe. The said commissioner of records is also authorized 
to reindex all conveyances, mortgages and other instruments relating to lands 
and liens thereon, which have been recorded in the various offices of the town 
clerks of the former towns of Kings county, respectively, hereinbefore referred 
to, or which have been filed therein, or which have been filed but not recorded, 
in the offices of the register and county clerk of the county of I-vings. such instru- 
ments to be indexed in a separate volume entitled, " Block index of unrecorded 
instruments," but nothing herein contained shall be construed as creating either 
actual or constructive notice of the contents of the said instruments, or either of 
them, where the same does not now exist by law. And the said commissioner 
shall have sole and exclusive power to authorize the surrogate, register or county 
clerk of the county of Kings, as the case may be, to cause to be made and certi- 
fied for public use copies of said books, records, documents, maps, plans and in- 
dexes in the offices of the said surrogate, register and county clerk of the county 
of Kings, respectively ; and it shall be his duty to do so whenever, by reason of 
age, use or exp>osure, or any casualty, the same shall, in his judgment, be neces- 
sary. And the said commissioner is hereby empowered to authorize the surro- 
gate, register and county clerk of Kings county to rearrange or cause to be re- 
arranged, all the records, filings, papers and maps in their respective offices and, 
upon completion of the alterations to the hall of records, in said county, to 
cause the same to be placed in fireproof files, properly marked and endorsed. 
And said commissioner is hereby empowered to do, or to authorize to be done 
by said surrogate, register and county clerk, or any of them, such further acts 
aiid things for the care, preservation and convenient examination of the said 
records, documents and papers as he deems the public interests may require. 

Sec. 5. The copyists of old or mutilated records, making copies thereof 
for public use in the offices of the surrogate, register and county clerk of the 



131 

county of Kings, respectively, and any other person or persons performing any 
work, labor or service in or about the care and preservation of any of said public 
records, documents and papers, pursuant to an order of the said commissioner 
of records, shall be paid such sum therefor as said commissioner shall certify 
to be just, but such payment shall not be made unless such copies or work shall 
have been first ordered to be made or done, as the case may be, by said commis- 
sioner, and after the same shall have been completed and examined by him, and 
approved as to manner and form of execution. 

Sec. 6. It shall be the duty of any person or persons, board or officers, 
having in his, its or their possession, any ot the maps, books or records of either 
or any of the said former towns of the county of Kings, to deliver the same to 
the commissioner of records, upon demand, and in case of a refusal, such deliv- 
ery shall be enforced by a writ of mandamus issued out of the supreme court, 
or by an order of one of the justices thereof; and in case any officer, board or 
other person or persons, upon whom such demand shall have been made, shall 
deny having possession of any book or document, or other record so demanded. 
he may, upon return of such writ, or order, be examined, under oath, as to the 
whereabouts of such books, maps, documents and records. Having obtained pos- 
session of such books, maps, documents, and records, the commissioner of records 
shall collate, index and arrange the same for care, preservation and their use 
by the public ; and in such cases as he deems necessary shall make translations 
into the English language of any such books and records as are in the Dutch 
language, and shall make certified copies of any thereof as may be necessary, and 
file such certified copies in such of the public offices of the county of Kings or 
in the city of New York, as may be necessary for the purpose of assessments, 
record or other public use. 

Sf.c. 7. The commissioner of records of the county of Kings is hereby 
authorized to appoint and at pleasure remove a deputy, a secretary, a superin- 
tendent and an assistant superintendent, and to appoint such other 
assistants, clerks and employees, including unskilled laborers as may 
be necessary for the proper and economical conduct of the duties 
of his office ; the present clerks and employees in the office of the com- 
missioner of records of the county of Kings, shall continue to be clerks and em- 
ployees in said office as hereby continued, so long as their services are required. 
All such clerks and employees'in said office as are hereby continued together with 
those hereafter appointed' shall be subject to the civil service laws of the state 
of New York. The said commissioner of records is hereby authorized to fix the 
Compensation of all subordinates, clerks and employees in said office, subject as 
aforesaid. 

Sec. S. The board of estimate and apportionment of the city of New York 
shdll, upon the passage and approval of this act, at once, and annually thereafter, 
make provision for the salary of the commissioner of records, and the compen- 
sation of his deputv, secretar)', superintendent, assistant superintendent, as.sistants, 
clerks employees and laborers, and for other necessary expenses, as audited by 
the comptroller of the citv of New York, but not to exceed the sum of one hun- 
dred thousand dollars in' any one year, until the completion of reindexing the 
records of the register and county clerk of the county of Kings, on the block 
system, in permanent form and thereafter not to exceed the sum of fifty thousand 
dollars in any one year. 

Sec 9 All acts and parts of acts inconsistent with the provisions of this 
act are lierebv repealed, provided that nothing herein contained shall be deemed 
to interfere with the powers and duties of the present commissioner of records. 

Sec. 10. This act shall take eflfect immediately. 



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